POLITY and CONSTITUTION Table of Contents

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POLITY AND CONSTITUTION Table of Contents

1. ISSUES RELATED TO CONSTITUTION ____ 3 3.8. Article 35A ______21 1.1. Aadhaar Constitutionally Valid ______3 3.9. State Flag ______22 1.2. Defining Minorities in India ______4 4. JUDICIARY ______23 1.3. Double Jeopardy ______5 4.1. Supreme Court Collegium ______23 1.4. National Security Act______5 4.2. Chief Justice of India ______23 1.5. Concurrent List ______6 4.3. Sub-Ordinate Courts ______24 1.6. Office of Profit ______7 4.4. Separate High Courts for Andhra Pradesh & Telangana ______24 1.7. Breach of Privilege ______8 4.5. ADR Mechanisms ______24 1.8. Private Members’ Bills ______9 4.6. Review of the Contempt of Courts Act, 1.9. Governor ______9 1.9.1. Governor Pardon Power ______9 1971 ______25 1.9.2. Role of Governor in Hung Assembly ____ 10 5. ELECTION ______26 1.10. National Register of Citizens (NRC) __ 10 5.1. Electronic Voting Machine (EVM) _____ 26 1.11. Sports Betting in India ______11 5.2. Delimitation Commission ______26 1.12. Department of Official Language ____ 11 5.3. Electronically Transmitted Postal Ballot 2. ISSUES RELATED TO FUNCTIONING OF System (ETPBS) ______27 PARLIAMENT/STATE LEGISLATURE/LOCAL 5.4. None of the Above (NOTA) ______27 GOVERNMENT ______13 5.5. Two-constituencies Norm ______28 2.1. Rajya Sabha ______13 5.6. Systematic Voters Education and Electoral 2.2. Deputy Chairperson of Rajya Sabha ___ 13 Participation (SVEEP) ______28 2.3. Lok Sabha ______14 5.7. Sections of RPA, 1951 in News ______28 2.3.1. Ethics Committee ______14 2.3.2. No-confidence Motion in Lok Sabha ___ 14 6. MAJOR CONSTITUTIONAL AMENDMENTS (BILLS AND ACTS) ______29 2.4. State Legislature ______14 2.4.1. Formation of Legislative Council ______14 6.1. 123rd Constitutional Amendment Bill _ 29 2.4.2. Strength of Legislative Assemblies _____ 15 6.2. Reservation for Economically Weaker 2.5. Local Governance ______15 Sections ______29 2.5.1. Education as a Criteria for Local Elections 15 6.3. Reservation in Promotion ______30 2.5.2. Sabki Yojana, Sabka Vikas ______16 6.4. North-East Autonomous Councils _____ 31 3. CENTRE-STATE RELATION ______17 3.1. The 15th Finance Commission ______17 7. IMPORTANT LEGISLATIONS/BILLS ____ 32 3.2. Zonal Councils ______18 7.1. Citizenship Amendment Bill ______32 3.3. North Eastern Council ______18 7.2. Enemy Property Act ______32 3.4. Inter State Council (ISC) ______18 7.3. Prohibition of Benami Property Transactions Act ______33 3.5. Niti Aayog ______19 7.4. Fugitive Economic Offenders Bill (FEOB), 3.6. Statehood for Delhi ______19 2018 ______33 3.7. Cauvery Water Management Scheme, 7.5. Prevention of Corruption (Amendment) 2018 ______20 Act, 2018 ______34

8. IMPORTANT CONSTITUTIONAL/ 10. MISCELLANEOUS ______40 STATUTORY/ EXECUTIVE BODIES IN NEWS 35 10.1. Yuva Sahakar-Cooperative Enterprise 8.1. Union Public Service Commission _____ 35 Support and Innovation Scheme ______40 8.2. Central Bureau of Investigation (CBI) __ 35 10.2. India Urban Data Exchange (IUDX) ___ 40 8.3. Competition Commission of India ____ 36 10.3. City Data Initiative ______41 8.4. Central Information Commission _____ 36 10.4. Mission Satyanishtha ______41 8.5. National Commission for Protection of 10.5. Centre for Research and Planning ___ 41 Child Rights ______36 10.6. Draft Cape Town Convention Bill, 2018 41 8.6. National Commission for Safai 10.7. Pathalgadi Movement ______42 Karmacharis (NCSK) ______37 10.8. UN Global Media Compact ______42 9. IMPORTANT ASPECTS OF GOVERNANCE 38 10.9. ‘Beyond Fake News’ Project ______42 9.1. Important Sections of Right to Information Act in News ______38 10.10. World Government Summit ______42 9.2. Central Civil Services (Conduct) Rules, 10.11. E-governance initiatives in news ___ 43 1964 ______38 10.12. Reports and Indexes ______44 9.3. Wrongful Prosecution ______38 10.13. Awards ______45 9.4. Witness Protection Scheme ______39

1. ISSUES RELATED TO CONSTITUTION • Private companies  1.1. AADHAAR • School admissions  CONSTITUTIONALLY VALID • NEET, UGC, CBSE 

Why in news? Highlights of the Verdict A Constitution Bench of the Supreme Court, led by • Constitutionality of Aadhaar: Aadhaar Chief Justice of India by a 4:1 majority upheld the scheme passed the triple test laid down in the validity of Aadhaar but with certain caveats. Puttaswamy (Privacy) judgment to determine the reasonableness of the invasion of privacy What is Aadhaar? (under Art 21) i.e. • 12 digit biometric-based individual o Existence of a law - backed by the statute identification number managed by Unique i.e. the Aadhaar Act, 2016. Identification Authority of India (UIDAI) o A legitimate state interest – ensuring under Ministry of Communications/IT. The social benefit schemes to reach the Aadhaar (Targeted Delivery of Financial and deserving and poor. Other Subsidies, Benefits and Services) Act, o Test of proportionality - balances benefits 2017 establishes Unique Identification of Aadhaar and the potential threat it Authority of India (UIDAI), with following key carries to the fundamental right to functions – privacy. o Specifying demographic and biometric • No fear of Surveillance state: Provisions of information to be collected during the Aadhaar Act “do not tend to create a enrolment surveillance state”. o Assigning Aadhaar numbers to individuals o Aadhaar collects minimal biometric data o Authenticating Aadhaar numbers in the form of iris and fingerprints, and o Specifying the usage of Aadhaar numbers the Unique Identification Authority of for delivery of subsidies and services India (UIDAI) — which oversees the • Proof of identity, proof of residence and now Aadhaar enrolment exercise — does not also financial address for its residents. collect purpose, location or details of the • Any Resident can get Aadhaar. However, it is transaction. not a proof of citizenship. • Security of the biometric data: UIDAI has • Information collected for enrolment in mandated only registered devices to conduct Aadhaar Database biometric-based authentication transactions. o Demographic information such as Name, o There is an encrypted, unidirectional Date of Birth, Gender, Address, relationship between the host application Parent/Guardian details, Contact details and the UIDAI. This rules out any (phone, e-mail etc). possibility of the use of stored biometric, o Biometric Information required: Photo, 10 or the replay of biometrics captured from Finger Prints, Iris. another source. • The Aadhaar number, the demographic and o Further, as per the regulations, biometric information (called identity authentication agencies are not allowed information) is together stored in the Central to store the biometrics captured for Identities Data Repository as mandated by the Aadhaar authentication. Aadhaar (Targeted Delivery of Financial and • Linking of Aadhaar with Financial Other Subsidies, Benefits and Services) Act, transactions: The rules which made linking of 2017. bank accounts and all other financial • Expenditure for the nationwide Aadhaar instruments with Aadhaar mandatory, is exercise is incurred from the Consolidated declared unconstitutional. Fund of India. • Aadhaar Act as Money Bill: Section 7 being the main provision of the Act, the Supreme Aadhaar: where's it required and where's it not • Welfare schemes (PDS, LPG, MGNREGA etc.)  Court has upheld the validity of the Aadhaar • I-T returns  Act being passed as a Money Bill. • Linking to PAN card  o Section 7 of the Aadhaar Act, demands • Banks accounts  for Aadhaar based authentication to • SIM cards  receive a subsidy, benefit or service etc. It 3 DELHI | JAIPUR | PUNE | HYDERABAD | AHMEDABAD | LUCKNOW 8468022022

is very clearly declared in this provision form. that the expenditure incurred in respect • Regulation 27 provided for archiving of such a subsidy, benefit or service transaction data for five years. Struck would be from the Consolidated Fund of down India. • To ensure non tracking, the Court ordered that Authentication logs • On a similar issue, the court has upheld the should be deleted after six months, validity of Section 59 that also validates all instead of the five years required. Aadhaar enrolment done prior to the enactment of the Aadhaar Act, 2016. The 1.2. DEFINING MINORITIES IN court has said that since enrolment was voluntary in nature, those who specifically INDIA refuse to give consent would be allowed to Why in news? exit the Aadhaar scheme. The Supreme Court recently asked the National Sections Declared Unconstitutional by Supreme Commission for Minorities to take a decision on a Court plea seeking guidelines for defining the term ‘minority’ and for their identification State-wise. Section Court’s Observations & Directions Section • Violated the protection against self- More on news 33(1) & incrimination as enshrined under • Section Article 20(3) of the Constitution of The PIL sought minority status for Hindus 33(2) India. in Lakshadweep, Mizoram, Nagaland, • Did not given an opportunity of Meghalaya, J&K, Arunachal Pradesh, Manipur hearing to the concerned individual and Punjab. whose information is sought to be • It sought the following relief from SC released by the UIDAI pursuant to the o Declare that Section 2(c) of the National Court’s order. This is contrary to the Commission for Minorities (NCM) Act 1992 principles of natural justice. and NCM notification granting minority Section 47 • Did not allow an individual citizen, status to 5 religious communities is void whose rights have been violated according to Articles 14, 15 and 21, 29 and under the Act, to initiate the criminal process. Only UIDAI was allowed. 30 of the Constitution of India; • Any individual will now be allowed to o Direct the Government to define file a complaint if he/she feels their "Minorities" with the State being the unit data has been compromised. of determination. Section 48 • Permitted the central government to About NCM take over UIDAI in case of a ‘public • It was set up under the National Commission for emergency’. Minorities Act, 1992. • Termed as vague & arbitrary in • It is a quasi-judicial body with powers of a civil absence of any holistic definition of court. ‘public emergency’. • It consists of a Chairperson, a Vice Chairperson and Section 57 • Allowed an unrestricted extension of five Members to be nominated by the Central the Aadhaar platform to users who Government –all should be from Minority may be Government agencies or communities. private sector operators. • The Chairperson and every Member shall hold • Gave the Act much wider scope than office for a term of three years from the date he what may legitimately be considered assumes office. as a Money Bill. • The central government presents its report to the • Enabled the seeding of the Aadhaar parliament. number across service providers and Functions thereby enabled the establishment of • evaluate the progress of the development of a surveillance state. minorities under the Union and States; • Allowing corporate bodies and • monitor the working of the safeguards provided in individuals to also seek authentication the Constitution and in laws enacted by Parliament – only on the basis of a contract & not and the State Legislatures; a law - would impinge upon an • make recommendations for the effective individual’s right to privacy. implementation of safeguards for the protection Aadhaar • Regulation 26(c) allowed UIDAI to of the interests of minorities by the Central Regulations store metadata relating to Government or the State Governments; transactions. Struck down in present • look into specific complaints regarding deprivation

of rights and safeguards of the minorities and take to determine a religious or linguistic up such matters with the appropriate authorities; minority should be the state. • cause studies to be undertaken into problems arising out of any discrimination against minorities 1.3. DOUBLE JEOPARDY and recommend measures for their removal; • conduct studies, research and analysis on the Why in news? issues relating to socio-economic and educational development of minorities; The Supreme Court has held that the bar of • suggest appropriate measures in respect of any double jeopardy does not arise if an accused was minority to be undertaken by the Central discharged of a criminal offence, even before the Government or the State Governments; commencement of trial, on the basis of an invalid • make periodical or special reports to the Central sanction for prosecution. Government on any matter pertaining to minorities and in particular difficulties confronted by them; Constitutional Provision and • Article 20 grants protection against arbitrary

• any other matter which may be referred to it by and excessive punishment to an accused the Central Government. person, whether citizen or foreigner or legal Minorities in India person like a company or a corporation. • Article 20 (2) of the Constitution mandates • The Constitution of India uses the word that a person cannot be prosecuted or ‘minority’ in various articles viz. Article 29, 30, punished twice for the same offence. This is 350 A and 350 B. called No double jeopardy. o Other constitutional provisions having a • The protection against double jeopardy is bearing on minority rights are: Articles 46, available only in proceedings before a court of 51A, 25-28. law or a judicial tribunal. In other words, it is • It recognises minorities based on religion and not available in proceedings before language. departmental or administrative authorities as • But it neither defines the term 'minority' nor they are not of judicial nature. delineates the criteria for determining a minority. 1.4. NATIONAL SECURITY ACT • As per sec 2(c) of the NCM Act 1992, ‘minority’ means a community notified as such by the Why in news? Central govt. Recently, the Madhya Pradesh Government • Six religious communities, viz; Muslims, invoked the National Security Act (NSA) against Christians, Sikhs, Buddhists, Zoroastrians three men accused of killing a cow. (Parsis) and Jains have been notified as minority communities by the Union About National Security Act, 1980 Government. • The National Security Act was promulgated on o The six notified minorities constitute September 23, 1980, "to provide for about 19% population of the country. preventive detention in certain cases and for • States governments are also empowered to matters connected therewith". designate state minorities and set up State • The grounds for preventive detention of a Minority Commissions. For e.g. Jains were person include: designated as minority by 11 states before o Acting in any manner prejudicial to the they were nationally recognized in 2014. defence of India, the relations of India • Supreme court judgements: Supreme Court with foreign powers, or the security of through its various judgements has tried to India. provide guidelines for defining minorities: o Regulating the continued presence of any o Kerala Education Bill case 1958: It said foreigner in India or with a view to making minority should to be a group of people arrangements for his expulsion from India who are numerically a minority in a ‘State o Acting in any manner prejudicial to the as a whole’ as distinguished from any security of the State or from acting in any particular area or region’. manner prejudicial to the maintenance of o Bal Patil & others v UOI, 1999 and TMA Pai public order or from acting in any manner Foundation v State of Karnataka 2002: It prejudicial to the maintenance of supplies held that with regard to state law, the unit and services essential to the community it is necessary so to do.

• A detenu may be held for up to three months 1818, Defence of India Act 1915, Rowlatt Acts of and in certain circumstances six months, 1919 without any review. • Post-independence laws- o • A three person Advisory Board made up of Preventive Detention Act (1950-1969) o Unlawful Activities (Prevention) Act (1967) high court judges or persons qualified to be o Maintenance of Internal Security Act (MISA) high court judges determines the legitimacy (1971- 1978) of any order made for longer than three o Conservation of Foreign exchange and months. If approved, a person may be held Prevention of Smuggling Activities extra-judicially for up to 12 months. The term (COFEPOSA) (1974) can be extended if the government finds fresh o National Security Act (1980)- amended in evidence. 1984, 1985 and 1988 • The state government needs to be intimated that a person has been detained under the 1.5. CONCURRENT LIST NSA. Why in news? • It extends to the whole of India except the State of Jammu and Kashmir. The CM of Telangana has pitched for more Protection against Preventive detention in the autonomy to the states, suggesting that the constitution concurrent list be done away with. • Article 22 grants protection to persons who are arrested or detained under a preventive detention Why Concurrent list? law. • The aim of the concurrent list was to ensure • This protection is available to both citizens as well uniformity across the country where as aliens and includes the following: independently both centre and state can o The detention of a person cannot exceed three months unless an advisory board legislate. Thus, a model law with enough reports sufficient cause for extended flexibility for states was originally conceived in detention. The board is to consist of judges of the constitution. a high court. • Also, few concurrent list subjects required o The grounds of detention should be huge finances needing both centre and state communicated to the detenu. However, the to contribute. facts considered to be against the public interest need not be disclosed. Sarkaria Commission Recommendation on Concurrent o The detenu should be afforded an opportunity List (NOTE: useful for eliminating options) to make a representation against the • The residuary powers of taxation should continue detention order. to remain with the Parliament, while the other • Article 22 also authorises the Parliament to residuary powers should be placed in the prescribe Concurrent List. o the circumstances and the classes of cases in • The Centre should consult the states before which a person can be detained for more than making a law on a subject of the Concurrent List. three months under a preventive detention • Ordinarily, the Union should occupy only that much law without obtaining the opinion of an field of a concurrent subject on which uniformity advisory board; of policy and action is essential in the larger o the maximum period for which a person can interest of the nation, leaving the rest and details be detained in any classes of cases under a for state action. preventive detention law; and The Tamil Nadu government constituted the PV o the procedure to be followed by an advisory Rajamannar Committee to look into Centre-State board in an inquiry. relations. It spurred other states to voice their • The Parliament has exclusive authority to make a opposition to this new power relation born due to 42nd law of preventive detention for reasons connected amendment act and Centre’s encroachment on with defence, foreign affairs and the security of subjects that were historically under the state list. India. Seventh Schedule (Article 246) • Both the Parliament as well as the state legislatures can concurrently make a law of The Constitution provides a scheme for preventive detention for reasons connected with demarcation of powers through three ‘lists’ in the the security of a state, the maintenance of public seventh schedule. order and the maintenance of supplies and services essential to the community. • The union list details the subjects on which Parliament may make laws e.g. defence, History of Preventive Detention laws in India foreign affairs, railways, banking, among • Pre-independence laws- Bengal Regulation III of others.

• The state list details those under the purview following questions for the test for office of of state legislatures e.g. Public order, police, Profit: public health and sanitation; hospitals and o Whether the government makes the dispensaries, betting and gambling etc. appointment; • The concurrent list has subjects in which both o Whether the government has the right to Parliament and state legislatures have remove or dismiss the holder; jurisdiction e.g. Education including technical o Whether the government pays the education, medical education and universities, remuneration; population control and family planning, o What are the functions of the holder and criminal law, prevention of cruelty to animals, does he perform them for the government; protection of wildlife and animals, forests etc. and o The provision of concurrent list is a o Does the government exercise any control feature borrowed from the Australian over the performance of those functions constitution. • Further in Jaya Bacchan v. Union of India case • The Constitution also provides federal SC defined it as “an office which is capable of supremacy to Parliament on concurrent list yielding a profit or pecuniary gain.” thus it is items i.e. in case of a conflict; a central law not the actual ‘receipt’ of profit but the will override a state law. ‘potential’ for profit that is the deciding factor o But there is an exception. If the state law in an ‘office of profit’ case. has been reserved for the consideration • Provisions of Articles 102 and 191 protect a of the President and has received his legislator occupying a government position if assent, then the state law prevails in the the office in question has been made immune state. But it would still be competent for to disqualification by law. the Parliament to override such a law by • Parliament has also enacted the Parliament subsequently making a law on the same (Prevention of Disqualification) Act, 1959, matter. which has been amended several times to • Since 1950, the Seventh Schedule of the expand the exempted list of office of profit. Constitution has seen a number of • There is no bar on how many offices can be amendments. The Union List and Concurrent exempted from the purview of the law. List have grown while subjects under the Joint Committee on offices of profit: State List have gradually reduced. o The 42nd Amendment Act implemented • It consists of 15 members drawn from both the in 1976, restructured the Seventh houses of Parliament with ten members from Schedule ensuring that State List subjects Lok Sabha and five members from Rajya Sabha. like education, forest, protection of wild • It examines the composition and character of animals and birds, administration of the Committees appointed by the Central and justice, and weights and measurements State Governments and recommends what were transferred to the Concurrent List. offices should or should not disqualify a person for being, a member of either House of 1.6. OFFICE OF PROFIT Parliament. • It has defined Office of Profit as: Why in news? o Whether the holder draws any President dismissed a petition to disqualify 27 Aam remuneration, like sitting fee, honorarium, Aadmi Party (AAP) members of the Delhi legislative salary, etc. other than Compensatory assembly for allegedly holding offices of profit. allowance. o Whether the body in which an office is What is Office of Profit? held, exercises executive, legislative or • Articles 102(1) and 191 (1) mention judicial powers or confers powers of disqualifications on the basis of Office of Profit disbursement of funds, allotments of lands, in the Parliament and state legislature issue of licences, etc., or gives powers of respectively. appointment, grant of scholarship, etc. • But it is neither defined in the constitution nor o Whether the body in which an office is held under Representation of People’s Act. wields influence or power by way of • Supreme Court in Pradyut Bordoloi vs Swapan patronage. Roy (2001), the Supreme Court outlined the • Under article 102 (1) a person shall be disqualified for being chosen as and for being a member of the

Parliament if: Schedule is decided by the Presiding officer of the o he holds any office of profit under the Union house (Speaker in case of Lok Sabha and Chairman or state government (except that of a minister in case of Rajya Sabha). or any other office exempted by state • In 1992, the Supreme Court ruled that the decision legislature), of Chairman/Speaker in this regard is subject to o he is of unsound mind and stands so declared judicial review. by a court, o he is an undischarged insolvent, 1.7. BREACH OF PRIVILEGE o he is not a citizen of India or has voluntarily acquired the citizenship of a foreign state or is Why in news? under any acknowledgement of allegiance to a foreign state, and • Claiming they had misled Parliament on the o if he is so disqualified under any law made by Rafale fighter jet deal issue, a breach of Parliament. privilege motion was moved against Prime • Article 191 (1) provides similar disqualifications for Minister and Defence Minister. the members of the state legislative assemblies • A claim of ‘breach of privilege’ was raised and councils. against chairman of the Parliamentary • According to Article 192, on the question whether a Standing Committee on finance, for “lowering member has become subject to any of the above the dignity and ethics of the Finance disqualifications, the governor’s decision is final. However, he should obtain the opinion of the Committee” by tweeting about the Election Commission and act accordingly. committee’s deliberations. • The recommendations of ECI are binding on the Concept of privileges and types of privileges President or Governor regarding the issues related to article 102 (1) & article 191 (1). • The concept of privileges emerged from the • The Parliament has prescribed a number of British House of Commons when a nascent additional disqualifications in the Representation British Parliament started to protect its of People Act (1951). These are similar to those for sovereignty from excesses of the monarch. Parliament. These are mentioned here: • The Constitution (under Art. 105 for o He must not have been found guilty of certain Parliament, its members & committees /Art. election offences or corrupt practices in the elections. 194 for State Legislature, its members & o He must not have been convicted for any committees) confers certain privileges on offence resulting in imprisonment for two or legislative institutions and their members. more years. But, the detention of a person • Currently, there is no law that codifies all the under a preventive detention law is not a privileges of the legislators in India. disqualification. • Privileges are based on five sources: i) o He must not have failed to lodge an account Constitutional provisions ii) Various laws of of his election expenses within the time. parliament (iii) Rules of both the houses iv) o He must not have any interest in government contracts, works or services. Parliamentary conventions v) Judicial o He must not be a director or managing agent interpretations nor hold an office of profit in a corporation in • Whenever any of these rights and immunities which the government has at least 25 per cent is disregarded, the offence is called a breach share. of privilege and is punishable under law of o He must not have been dismissed from Parliament. However, there are no objective government service for corruption or guidelines on what constitutes breach of disloyalty to the state. privilege and what punishment it entails. o He must not have been convicted for promoting enmity between different groups Types of Privileges (Article 105) or for the offence of bribery. Collective o He must not have been punished for • Exclude strangers from proceedings. Hold a secret preaching and practicing social crimes such as sitting of the legislature. untouchability, dowry and sati. • Freedom of press to publish true reports of Disqualification on Ground of Defection Parliamentary proceedings. But this does not apply • The Constitution also lays down that a person shall in case of secret sittings. be disqualified for being a member of either House • Only Parliament can make rules to regulate its own of state legislature (Article 191(2)) and Parliament proceedings. (Article 102 (2)) if he is so disqualified on the • There is a bar on court from making inquiry into ground of defection under the provisions of the proceedings of the house (speeches, votes etc.). Tenth Schedule. Individual • The question of disqualification under the Tenth • No arrest during session and 40 days before and 40

days after the session. Protection available only in legislative agenda. Private member’s bills are civil cases and not in criminal cases piloted by non-Minister MPs. • Not liable in court for any speech in parliament • Exempted from jury service when the house is in Introduction in the House session. • The admissibility of a private member’s Bill is decided by the Presiding Officer. The Member Committee on Privileges must give at least a month’s notice before the • Standing committee constituted in each house of the Parliament/state legislature. Bill can be listed for introduction; the House • Consists of 15 members in Lok Sabha (LS) and 10 secretariat examines it for compliance with members in Rajya Sabha (RS) to be nominated by constitutional provisions and rules on the Speaker in LS and Chairman in RS. legislation before listing. • Its function is to investigate the cases of breach of • Number of private member’s Bills is capped to privilege and recommend appropriate action to three per session. the Speaker/Chairperson. • While government Bills can be introduced and discussed on any day, private member’s Bills Instances of breach of privileges can be introduced and discussed only on • In 1978, Indira Gandhi faced a motion for breach of Fridays. privilege on the basis of observations of excesses • during emergency (Justice Shah Committee The last time a private member’s Bill was report). Subsequently, she was expelled from the passed by both Houses was in 1970. This was house. the Supreme Court (Enlargement of Criminal • Expulsion of Subramanyam Swami from Rajya Appellate Jurisdiction) Bill, 1968. Fourteen Sabha in 1976 on charges of bringing disrepute to private member’s Bills — five of which were the Parliament. introduced in Rajya Sabha — have become • Tamil Nadu assembly punished the journalists of law so far. The Hindu for criticizing the CM in 2003. • Karnataka assembly passed a resolution imposing Committee on Private Members’ Bills and imprisonment and fines on scribes in 2017. Resolutions: This committee classifies bills and allocates time for the discussion on bills and Following procedure is followed in privilege cases resolutions introduced by private members (other (Privilege motion): than ministers). This is a special committee of the • A notice is moved in the form of a motion by Lok Sabha and consists of 15 members including any member of either house against those the Deputy Speaker as its chairman. The Rajya being held guilty of breach of privilege. Sabha does not have any such committee. The • The Speaker/ Rajya Sabha chairperson is the same function in the Rajya Sabha is performed by first level of scrutiny of a privilege motion. the Business Advisory Committee of that House. They can take a decision themselves or refer it to the privileges committee of parliament. 1.9. GOVERNOR Privilege committee in Parliament as well as in state legislatures decides upon such cases. 1.9.1. GOVERNOR PARDON POWER • An inquiry is conducted by the committee and Why in news? based on findings a recommendation is made to the legislature. Governor’s pardoning power was questioned in • A debate can be initiated on the report in the releasing of seven convicts sentenced to life House and based on the discussion, the imprisonment in the Rajiv Gandhi assassination Speaker can order the punishment as defined case. by the privileges committee. Comparing Pardoning Powers of President and Governor 1.8. PRIVATE MEMBERS’ BILLS President (Article 72) Governor (Article 161) Why in News? He can pardon, reprieve, He can pardon, reprieve, respite, remit, suspend or respite, remit, suspend or Various private members bills were introduced in commute the commute the punishment the Parliament. punishment or sentence or sentence of any person Private Member: Any MP who is not a Minister is of any person convicted convicted of any offence of any offence against a against a state law. referred to as a private member. Bills introduced Central law. by Ministers are referred to as government bills. He can pardon, reprieve, He cannot pardon a death They are backed by the government and reflect its respite, remit, suspend or sentence. Even if a state 9 DELHI | JAIPUR | PUNE | HYDERABAD | AHMEDABAD | LUCKNOW 8468022022

commute a death law prescribes for death constitutional machinery) and Section 52 sentence. He is the only sentence, the power to (provides for dissolution of assembly) were authority to pardon a grant pardon lies with the invoked for dissolving the Assembly. death sentence. President and not the Views of Supreme court and other commissions governor. But the governor can suspend, • Supreme Court Judgements: remit or commute a death o SR Bommai case: sentence. ✓ discretion of Governor does not apply to He can grant pardon, He does not possess any hung assembly, reprieve, respite, such power. ✓ laid emphasis on floor test in the house suspension, remission or within 48 hours (although it can be commutation in respect extended to 15 days) so that legislature to punishment or should decide the matter and Governor’s sentence by a court- discretion should merely be a triggering martial (military court). point. o Rameshwar Prasad case (2006) 1.9.2. ROLE OF GOVERNOR IN HUNG ✓ A Governor cannot shut out post-poll ASSEMBLY alliances altogether as one of the ways in which a popular government may be Why in news? formed. ✓ Unsubstantiated claims of horse-trading • The role of governor came under question in or corruption in efforts at government recent Karnataka legislative assembly formation cannot be cited as reasons to elections. dissolve the Assembly. • Jammu and Kashmir Governor recently Sarkaria Commission dissolved the State Assembly (which has been • The state assembly should not be dissolved unless in suspended animation) when two political the proclamation is approved by the parliament. parties separately staked claim to form a • The party or combination of parties with widest government. support in the Legislative Assembly should be called upon to form the Government. Constitutional provisions • If there is a pre-poll alliance or coalition, it should • Article 164(1) provides for the appointment of be treated as one political party and if such chief minister by governor. coalition obtains a majority, the leader of such coalition shall be called by the Governor to form o Supreme Court clarified that there is no the Government. qualification mentioned in article 164(1) • In case no party or pre-poll coalition has a clear and reading it with collective majority, the Governor should select the CM in the responsibility in 164(2), the only condition order of preference indicated below: chief ministerial candidate needs to o The group of parties which had pre-poll satisfy is that he/she should be alliance commanding the largest number. commanding majority in the house. o The largest single party staking a claim to form • Article 172 says that every Legislative the government with the support of others. Assembly of every State, unless sooner o A post-electoral coalition with all partners joining the government. dissolved, shall continue for five years. o A post-electoral alliance with some parties • Article 174 (2) (b) of the Indian Constitution joining the government and the remaining merely states that the Governor may, from supporting from outside. time to time, dissolve the Legislative M M Punchhi Commission elaborated that the Assembly. governor should follow “constitutional conventions” in • Article 356 (“President’s rule”): In case of a case of a hung Assembly. Further, it suggested a failure of constitutional machinery in State the provision of ‘Localized Emergency’ by which the centre President, on receipt of report from the government can tackle issue at town/district level Governor of the State or otherwise, may without dissolving the state legislative assembly assume to himself the functions of the Government of the State declare that the 1.10. NATIONAL REGISTER OF powers of the Legislature of the State shall be exercisable by or under the authority of CITIZENS (NRC) Parliament Why in news? • With Respect to J&K Constitution: The powers under Section 92 (failure of Assam is in process to update its National Register of Citizens (NRC). 10 8468022022 DELHI | JAIPUR | PUNE | HYDERABAD | AHMEDABAD | LUCKNOW

Brief background 1.11. SPORTS BETTING IN INDIA • To tackle the illegal immigration issue just after the independence, NRC was first Why in news? prepared after the Census of 1951. The Law Commission of India submitted a report • The Citizenship Act of 1955 was amended to the government, saying that since it is after the Assam Accord for all Indian-origin impossible to stop illegal gambling, the only viable people who came from Bangladesh before option left is to “regulate” gambling in sports. January 1, 1966 to be deemed as citizens. Betting/Gambling in India Those who came between January 1, 1966 and • According to Entry 40 of union list of the March 25, 1971 were eligible for citizenship Seventh Schedule of the Constitution, the after registering and living in the State for 10 Parliament has the power to legislate on years while those entering after March 25, ‘Lotteries organized by the Government of 1971, were to be deported. However, nothing India as well as the Government of any State’. much happened over the decades. • The power of the State governments to make • In 2014, the Supreme Court asked the state laws on gambling can be traced to Entry 34 of government to update the 1951 NRC in a time- the state list. Thus, the States have exclusive bound manner. Present exercise is being power to make laws on this subject including conducted under the supervision of the power to prohibit or regulate gambling etc. in Supreme Court. their respective territorial jurisdiction. Assam Accord 1985 • The Public Gambling Act, 1867, prohibits any • It is a Memorandum of Settlement (MoS) signed games of chance and probability except between representatives of the Government of lotteries. The Act prohibits owning, keeping India and the leaders of the Assam Movement. and being found in a common gaming house, • All those foreigners who had entered Assam however, the Act excludes "games of skill" between 1951 and 1961 were to be given full citizenship, including the right to vote; from its ambit. o Those who had done so after 1971 were to be • The Information Technology Act deported, 2000 prohibits online gambling and the o Also, the entrants between 1961 and 1971 were punishment for such activities is much more to be denied voting rights for ten years but serious than for offline gambling operations. would enjoy all other rights of citizenship. • The Lodha committee recommended the What is NRC? legalisation of betting, except for those covered by the BCCI and IPL regulations. • It is a list of all bona fide Indian citizens of Assam, the only state with such a document. 1.12. DEPARTMENT OF OFFICIAL Other states such as Tripura are also LANGUAGE demanding for NRC. • The NRC is being updated as per the Why in news? provisions of The Citizenship Act, 1955 and The Citizenship (Registration of Citizens and The first review meeting of the Department of Issue of National Identity Cards) Rules, 2003. Official Language (an independent Department • It will include persons whose names appear in of the Ministry of Home Affairs) took place to any of the electoral rolls upto the midnight of discuss the issues related to implementation of 24th March, 1971 or National Register of Hindi language in official work. Citizens, 1951 and their descendants. Related news • The process of verification involved house-to- • Abu Dhabi has recently included Hindi as the third house field verification, determination of official language used in courts alongside Arabic authenticity of documents, family tree and English. investigations in order to rule out bogus • It is aimed at helping Hindi Speakers to learn about claims of parenthood, and linkages and litigation procedures, their right and duties without a language barrier, in addition to facilitating separate hearings for married women. registration procedures via unified forms. What next for Excluded people? • According to official figures, UAE has around 2.6 • The people have a graded appeals process in the million Indians constituting 30% of population and order - NRC Seva Kendras, District magistrates, The is the largest expatriate community in the country. Foreigners’ Tribunals, The Guwahati High Court, • Other than UAE, Fiji also has Hindi as official The Supreme Court. language.

Constitutional Provisions on Official Language to review the progress made in the use of Hindi for the official • Part XVII of the Constitution deals with the purpose of the Union. Accordingly, this official language in Articles 343 to 351. Its Committee was set up in 1976. This provisions are divided into four heads— Committee comprises of 30 members of Language of the Union, Regional languages, Parliament, 20 from Lok Sabha and 10 from Language of the judiciary and texts of laws Rajya Sabha. and Special directives. o The Chairman of the Committee is elected • Hindi written in Devanagari script is to be the by the members of the Committee. As a official language of the Union. But, the form convention, the Union Home Minister has of numerals to be used for the official been elected as Chairman of the purposes of the Union has to be the Committee from time to time. international form of Indian numerals and not • Central Hindi Committee (Kendriya Hindi the Devanagari form of numerals. Samiti) Articles Related to Official Language and Special o It was established in 1967 with an aim to Directives for Promotion of Languages facilitate and promote the use of Hindi in • Article 343: Official language of the Union central ministries and departments. o • Article 344: Commission and Committee of It is the apex committee to issue directions w.r.t Policy decisions on Official Parliament on official language language. • Article 350A: Facilities for instruction in o It is chaired by the Prime Minister. Apart mother-tongue at primary stage from PM, it includes 8 Union Ministers • Article 350B: Special Officer for linguistic (Union Home Minister as Vice Chairman), minorities 6 Chief Ministers, 4 members of • Article 351: Directive for development of the Parliament and 10 experts of Hindi and Hindi language other Indian Languages. Secretary to the Related Information Department of Official Language is also a • The Official Language Act (1963) provided for member and acts as the member the setting up of a Committee of Parliament secretary.

2. ISSUES RELATED TO FUNCTIONING OF PARLIAMENT/STATE LEGISLATURE/LOCAL GOVERNMENT is not adequately represented in the Lok 2.1. RAJYA SABHA Sabha. Originally, this provision was to operate till 1960 but has been extended till Why in news? 2020 by the 95th Amendment Act, 2009. Rajya Sabha Chairman recently presented a 2.2. DEPUTY CHAIRPERSON OF “report to the people”, highlighting the below-par performance of the Upper House and need to RAJYA SABHA hold legislatures accountable. Why in news? Related information Harivansh Narayan Singh was elected new Rajya Special Powers of Rajya Sabha that are not enjoyed by Sabha deputy chairman. the Lok Sabha: • It can authorise the Parliament to make a law on a Deputy Chairman of Rajya Sabha: Article 89 of the subject enumerated in the State List (Article 249). Constitution provides for the office of Chairman • It can authorise the Parliament to create new All- and the Deputy Chairman of the council of States India Services common to both the Centre and (Rajya Sabha). states (Article 312). • The Deputy Chairman is elected by the Rajya Highlights of report Sabha itself from amongst its members. • Since June 2014, the Rajya Sabha has held 18 Whenever the office of the Deputy Chairman sessions and 329 sittings and passed 154 Bills falls vacant, the Rajya Sabha elects another — which comes to less than one Bill in two member to fill the vacancy. sittings. • The Deputy Chairman vacates his office in any • The political tussle between the government of the following three cases: o and opposition and lack of consensus on if he ceases to be a member of the Rajya major issues has lead to stalling of its Sabha; o functioning, adjournments etc. if he resigns by writing to the Chairman; Related news and • A two-member committee (Agnihotri committee) o if he is removed by a resolution passed by has been appointed to make recommendations for a majority of all the members of the Rajya revising the rules of the Upper House. Sabha. Such a resolution can be moved o Article 118(1) of the Constitution gives the two only after giving 14 days’ advance notice. Houses of Parliament the power to make rules • The Deputy Chairman performs the duties of to regulate their functioning. the Chairman’s office when it is vacant or o Thus, both houses have their own rules of when the Vice-President acts as President or procedure that govern various functions of discharges the functions of the President. He the house including meetings, summons to also acts as the Chairman when the latter is members, oaths, sitting of council, election of deputy chairman, arrangement of business, absent from the sitting of the House. In both etc. the cases, he has all the powers of the • In exercise of the powers conferred by Article 80 Chairman. of the Constitution of India, and on the advice of • The Deputy Chairman is not subordinate to the Prime Minister, the President of India the Chairman. He is directly responsible to the nominated four members to the Rajya Sabha. Rajya Sabha. o Constitutional Provision: Article 80(1)(a) read • Like the Chairman, the Deputy Chairman, with Article 80(3) of the Constitution of India while presiding over the House, cannot vote provides that the President can nominate to in the first instance; he can only exercise a Rajya Sabha, 12 persons having special casting vote in the case of a tie. Further, when knowledge, or practical experience in respect of literature, science, art and social service. a resolution for the removal of the Deputy o Lok Sabha Nominations: Under Article 331, the Chairman is under consideration of the House, President can nominate two members from he cannot preside over a sitting of the House, the Anglo-Indian community if the community though he may be present.

• When the Chairman presides over the House, out by the Speaker in the House. A minimum the Deputy Chairman is like any other ordinary of 50 members have to accept the motion and member of the House. He can speak in the accordingly, the Speaker will announce the House, participate in its proceedings and vote date for discussion for the motion. on any question before the House. • The allotted date has to be within 10 days • Like the Chairman, the Deputy Chairman is from the day the motion is accepted. also entitled to a regular salary and allowance. Otherwise, the motion fails and the member They are fixed by Parliament and are charged who moved the motion will be informed on the Consolidated Fund of India. about it. • It need not state the reasons for its adoption 2.3. LOK SABHA in the Lok Sabha. • It can be moved against the entire council of 2.3.1. ETHICS COMMITTEE ministers only. • If it is passed in the Lok Sabha, the council of Why in news? ministers must resign from office. L K Advani has been re-nominated as the chairman of the Ethics Committee of the Lok Sabha by the 2.4. STATE LEGISLATURE Speaker. Ethics Committee 2.4.1. FORMATION OF LEGISLATIVE • This committee was constituted in Rajya COUNCIL Sabha in 1997 and in Lok Sabha in 2000. It enforces the code of conduct of members of Why in news? Parliament. It examines the cases of The Odisha Assembly passed a resolution for misconduct and recommends appropriate establishing Legislative Council, or Vidhan action. Thus, it is engaged in maintaining Parishad. discipline and decorum in Parliament. The Legislative Council (LC)- Procedure for • It can also take suo-moto investigation. Creation/Abolition of LC • The committee consists of not more than 15 • The Constitution provides for the abolition or members in Lok Sabha and 10 members in creation of legislative councils in states under Rajya Sabha. Article 169. Accordingly, the Parliament can • The Chairperson of the committee will be abolish a legislative council (where it already nominated by the Presiding Officer of the exists) or create it (where it does not exist), if House from among the members of the the legislative assembly of the concerned committee. state passes a resolution to that effect. 2.3.2. NO-CONFIDENCE MOTION IN • Such a specific resolution must be passed by LOK SABHA the state assembly (LA) by a special majority, that is, a majority of the total membership of Why in news? the assembly and a majority of not less than Lok Sabha Speaker recently accepted the no- two-thirds of the members of the assembly confidence motion moved by the Opposition present and voting. parties against the government. • This Act of Parliament is not to be deemed as an amendment of the Constitution for the No-Confidence Motion: Article 75 of the purposes of Article 368 and is passed like an Constitution says that the council of ministers ordinary piece of legislation (i.e. by simple shall be collectively responsible to the Lok Sabha. majority). It means that the Lok Sabha can remove the ministry from office by passing a no-confidence States with Legislative Council: Currently, seven motion. states have Legislative Councils. These are Andhra Other details: Rule 198 of the Rules of Procedure Pradesh, Telangana, Uttar Pradesh, Bihar, and conduct of Lok Sabha specifies the procedure Maharashtra, Karnataka and Jammu and Kashmir. for moving a no-confidence motion. Powers of LC vis-a-vis Rajya Sabha • A no-confidence motion can be moved by any • The Rajya Sabha has equal powers with the member of the House. It can be moved only in Lok Sabha in all spheres except financial the Lok Sabha and not Rajya Sabha. matters and with regard to the control over • The member has to give a written notice of the Government. On the other hand, the the motion before 10 AM which will be read 14 8468022022 DELHI | JAIPUR | PUNE | HYDERABAD | AHMEDABAD | LUCKNOW

council is subordinate to the assembly in all fixed at 30 and in case of Mizoram and respects. Thus, the predominance of the Nagaland, it is 40 and 46 respectively. assembly over the council is fully established. o Further, some members of the legislative o The final power of passing an ordinary bill assemblies in Sikkim and Nagaland are lies with the assembly. At the most, the also elected indirectly. council can detain or delay the bill for the o The governor can nominate one member period of four months—three months in from the Anglo-Indian community, if the the first instance and one month in the community is not adequately represented second instance. In other words, the in the assembly. council is not a revising body like the • The 42nd Amendment Act of 1976 had frozen Rajya Sabha; it is only a dilatory chamber total number of seats in the assembly of each or an advisory body. state and the division of such state into o When an ordinary bill, which has territorial constituencies till the year 2000 at originated in the council and was sent to the 1971 level. This ban on readjustment has the assembly, is rejected by the assembly, been extended for up to year 2026 by the 84th the bill ends and becomes dead. This is Amendment Act of 2001 with the same not the same for Rajya Sabha. objective of encouraging population limiting o The council has no effective say in the measures. ratification of a constitutional • The 84th Amendment Act of 2001 also amendment bill. In this respect also, the empowered the government to undertake will of the assembly prevails over that of readjustment and rationalisation of territorial the council. In similar case, Rajya Sabha constituencies in a state on the basis of the has equal powers to Lok Sabha. population figures of 1991 census. Later, the o Finally, the very existence of the council 87thAmendment Act of 2003 provided for the depends on the will of the assembly. The delimitation of constituencies on the basis of council can be abolished by the 2001 census and not 1991 census. However, Parliament on the recommendation of the this can be done without altering the total assembly. However, Rajya Sabha does not number of seats in the assembly of each state. depend upon the will of Lok Sabha for its • Thus, under the current provision, such an existence. exercise can be undertaken only after the Census 2021 gets published in 2026. The 2.4.2. STRENGTH OF LEGISLATIVE Representation of People Act too will have to ASSEMBLIES be tweaked to legitimize alteration in the size of the assemblies. Why in news? • The Union home ministry has taken up a 2.5. LOCAL GOVERNANCE proposal to increase the strength of the Andhra Pradesh and Telangana assemblies. 2.5.1. EDUCATION AS A CRITERIA FOR

• There has been proposal to increase the LOCAL ELECTIONS Assembly seats in Sikkim from 32 to 40. Constitutional Provision Why in News? • Article 170 provides for the composition of Rajasthan Government has scrapped education Legislative Assemblies. To increase the criteria for Panchayati Raj elections. composition of legislative assembly, the Background Parliament will have to amend Article 170 of the Constitution. • Under Rajasthan Panchayati Raj (Second o The legislative assembly consists of Amendment) Act, 2015 it was made representatives directly elected by the mandatory for people contesting zila people on the basis of universal adult parishad, panchayat samiti and municipal franchise. Its maximum strength is fixed elections to have passed Class 10. at 500 and minimum strength at 60. • SC in its judgement had held that the Right to o It means that its strength varies from 60 Contest is neither fundamental rights, nor to 500 depending on the population size merely statutory rights, but are Constitutional of the state. Rights. Further, the Right to Contest can be o However, in case of Arunachal Pradesh, regulated and curtailed through laws passed Sikkim and Goa, the minimum number is by the appropriate legislature.

Panchayati Raj Elections • It will also involve thorough audit of the • 73rd Amendment Act provided for mandatory works done in the last few years. constitution of Panchayati Raj Institution as • Under the campaign, which will conclude in third tier of government at local level. December’18, gram panchayats will have to • Under Article 243 (K) (4) of Indian publicly display all sources of funds collected Constitution State Government by law can lay and their annual spending, along with future down the qualification for elections to local development initiatives. bodies. • This would help in making the exercise of • Article 243 (O) bans the interference of courts formulating Gram panchayat development in electoral matters. If there is any dispute in plans more structured which has been largely the Panchayat Elections, courts have no unorganized till now. jurisdiction over them. About Gram Panchayat Development Plan • Panchayat Election can be questioned in the (GPDP): form of an election petition presented to an authority which the state legislature can by • It is an annual plan of each panchayat where law prescribe. the villagers would decide where the money • Haryana Government had passed the should be spent. Haryana Panchayati Raj (Amendment) Act, • The Gram Panchayat Development Plan aims 2015 requiring minimum qualification for to strengthen the role of 31 lakh elected those contesting in panchayat election. Panchayat leaders and 2.5 crore SHG Women • States like Assam and Uttarakhand have also under DAY-NRLM in effective gram sabha. brought in legislations to make minimum • Scope of GPDP: education criteria for contesting local polls. o Human Development: Sex ratio, IMR, MMR, malnutrition, literacy etc. 2.5.2. SABKI YOJANA, SABKA VIKAS o Status of inaccessible communities: Marginal and deprived sections (SC, STs, Why in news? Child, women etc.) and effectiveness of Recently, the central government launched a existing schemes. campaign, Sabki Yojana, Sabka Vikas on October 2, o Civic services: Sanitation, drinking water, 2018. internet connectivity etc. About Sabki Yojana Sabka Vikas campaign o Economic Development: Agriculture and irrigation, animal husbandry etc. • The campaign will involve people at the o Disaster vulnerability assessment grassroots while preparing structured gram panchayat development plans.

3. CENTRE-STATE RELATION 3.1. THE 15TH FINANCE o Any other matter referred to it by the president in the interests of sound COMMISSION finance. • Advisory Role of FC: The recommendations Why in news? made by the FC are only of advisory nature The Southern states are protesting against the and hence, not binding on the government. It Term of Reference of the 15th Finance is up to the Union government to implement Commission (FC-15). its recommendations on granting money to the states. About Finance Commission Composition of FC-15 • Constitutional Provisions related to FC: • The FC-15 was constituted on November 27, 2017 Article 280 of the Constitution of India and is headed by former Revenue Secretary and provides for a Finance Commission as a quasi- former Rajya Sabha MP N.K. Singh. The panel also judicial body. It is constituted by the president includes Shaktikanta Das and Anoop Singh. Dr. of India every fifth year or at such earlier time Ashok Lahiri and Dr. Ramesh Chand are the part as he considers necessary. time members of the FC-15. • Composition: The Finance Commission Some provisions of Terms of Reference: The consists of a chairman and four other Commission may consider proposing measurable members to be appointed by the president. performance-based incentives for States, at the Finance Commission Act, 1951 has specified appropriate level of government, in following areas: the qualifications of the chairman and • Efforts made by the States in expansion and members of the commission. The chairman deepening of tax net under GST; should be a person having experience in • Efforts and Progress made in moving towards public affairs and the four other members replacement rate of population growth; • should be selected from amongst the Achievements in implementation of flagship schemes of Government of India, disaster resilient following: infrastructure, sustainable development goals, o A judge of high court or one qualified to and quality of expenditure; be appointed as one. • Progress made in increasing capital expenditure, o A person who has specialised knowledge eliminating losses of power sector, and improving of finance and accounts of the the quality of such expenditure in generating government. future income streams; o A person who has wide experience in • Progress made in increasing tax/non-tax revenues, financial matters and in administration. promoting savings by adoption of Direct Benefit o A person who has special knowledge of Transfers and Public Finance Management economics. System, promoting digital economy and removing layers between the government and the • Functions of FC: The Finance Commission is beneficiaries; required to make recommendations to the • Progress made in promoting ease of doing President of India on the following matters: business by effecting related policy and regulatory o The distribution of the net proceeds of changes and promoting labour intensive growth; taxes to be shared between the Centre • Provision of grants in aid to local bodies for basic and the states, and the allocation services, including quality human resources, and between the states of the respective implementation of performance grant system in shares of such proceeds. improving delivery of services; o The principles that should govern the • Control or lack of it in incurring expenditure on grants-in-aid to the states by the Centre populist measures; and • (i.e., out of the consolidated fund of Progress made in sanitation, solid waste management and bringing in behavioural change India). to end open defecation. o The measures needed to augment the • The Commission shall use the population data of consolidated fund of a state to 2011 while making its recommendations. supplement the resources of the The Commission shall make its report available by 30th panchayats and the municipalities in the October 2019, covering a period of five years state on the basis of the commencing 1st April, 2020. recommendations made by the state finance commission. 17 DELHI | JAIPUR | PUNE | HYDERABAD | AHMEDABAD | LUCKNOW 8468022022

Some Major Issues raised with ToR Organisational Structure of Zonal Councils: • Usage of 2011 census data – Even 14th FC used the • Chairman - The Union Home Minister is the 2011 census population data along with 1971 census Chairman of each of these Councils. data and allocated 10 percent weight to 2011 • population. Vice Chairman - The Chief Ministers of the o 14th FC also gave weightage to forest cover, States included in each zone act as Vice- area of state and income distance. Zero Chairman of the Zonal Council for that zone weightage was given to fiscal discipline. by rotation, each holding office for a period of • Considering the impact of increased unconditional one year at a time. tax devolution to states from 32% to 42%. • Members- Chief Minister and two other suggesting that the higher devolution is Ministers as nominated by the Governor from incompatible with the Centre’s financial need to each of the States and two members from fund development. Union Territories included in the zone. • Incentivising states for “efforts and progress • Union Ministers are also invited to participate made in moving towards replacement rate of in the meetings of Zonal Councils depending population growth”, thus, rendering most states ineligible for incentives. upon necessity. 3.2. ZONAL COUNCILS 3.3. NORTH EASTERN COUNCIL

Why in news? Why in news? West Bengal hosted the 23rd meeting of the Cabinet approved repositioning of North Eastern Eastern Zonal Council presided over by Union Council Home Minister. Role and functioning of North Eastern Council About Zonal Councils • It is a statutory advisory body established • The Zonal Councils are statutory bodies under the North Eastern Council Act, 1971, as established under States Reorganisation Act, amended in 2002. 1956. • It is the apex level nodal agency for the • The act divided the country into five zones economic and social development of the (Northern, Central, Eastern, Western and North Eastern Region. Southern) and provided a zonal council for • Organisation structure includes each zone. o Ex-officio Chairman – Union Home • The main objectives of setting up of Zonal Minister (earlier it was Ministry of DoNER) Councils are as under: o Vice Chairman - Minister of State o Bringing out national integration; (Independent Charge), Ministry of DoNER o Arresting the growth of acute State o Members - Governors and Chief Ministers consciousness, regionalism, linguism and of all the eight States and 3 members particularistic tendencies; nominated by President. o Enabling the Centre and the States to co- • It is mandated to function as a Regional operate and exchange ideas and Planning Body for the North Eastern Region. experiences; • While formulating the regional plans, it needs o Establishing a climate of co-operation to give priority to schemes and projects, amongst the States for successful and benefitting two or more States, provided that speedy execution of development in case of Sikkim, the Council shall formulate projects. specific projects and schemes for that State. • Each zonal council is an advisory body and may discuss and make recommendations on 3.4. INTER STATE COUNCIL (ISC) matters like economic and social planning, Why in news? linguistic minorities, border disputes, inter- state transport, and so on. The standing committee of the Inter-State Council • The North Eastern States (Assam, Arunachal (ISC) completed deliberations on Pradesh, Manipur, Tripura, Mizoram, recommendations of the Punchhi Commission. Meghalaya, Nagaland and Sikkim) are not About ISC included in the Zonal Councils and their • Article 263 of the constitution provides for special problems are looked after by the the establishment of an Inter-State Council North Eastern Council. (ISC).

• It was set up on the recommendation of • At the core of NITI Aayog’s creation are two Sarkaria Commission by a Presidential Order hubs which reflect the two key tasks of the in 1990. Aayog: • It is a recommendatory body on issues o The Team India Hub leads the relating to inter-state, Centre–state and engagement of states with the Central Centre–union territories relations. It aims at government promoting coordination between them by o The Knowledge and Innovation Hub examining, discussing and deliberating on builds NITI’s think-tank capabilities. such issues. Major initiatives associated with NITI Aayog • It is not a permanent constitutional body. • Atal Innovation Mission It can be established 'at any time' if it appears • Sustainable Action for Transforming Human Capital to the President that the public interests • Ek Bharat Shrestha Bharat would be served by its establishment. • District Hospital Index • Organisation structure includes: • Digital Transformation Index o Prime minister as the Chairman • School Education Quality Index o Chief ministers of all the states • SDG India Index o Chief ministers of union territories • State Human Development Report having legislative assemblies • NITI Forum for North East o Administrators of union territories not • Women Entrepreneurship Platform having legislative assemblies • Agricultural Marketing and Farmer Friendly o Six Central cabinet ministers, including Reforms Index the home minister, to be nominated by About the Governing Council of NITI Aayog the Prime Minister. • The Presidential Order of 1990 has been • Composition: The Governing Council of NITI amended twice to provide for Governor of a Aayog comprises the Prime Minister State under President’s rule to attend the (Chairperson), Chief Ministers of all the States meeting of the Council and nomination by the and Union Territories with Legislatures and Lt. Chairman of permanent invitees from Governor of Andaman and Nicobar Islands, amongst the other Union Ministers, and four Union Ministers as ex-officio respectively. members and three Union Ministers as Special • There is also a Standing Committee of the Invitees. Also included are the members of Council for continuous consultation and the NITI Aayog. processing of matters for the consideration of • It is the apex body of NITI Aayog tasked with the Council. It consists of the following evolving a shared vision of national members: development priorities, sectors and o Union Home Minister as the Chairman strategies with the active involvement of o Five Union Cabinet Ministers States in shaping the development narrative. o Nine Chief Ministers • The Governing Council, which embodies these objectives of cooperative federalism, presents 3.5. NITI AAYOG a platform to discuss inter-sectoral, inter- departmental and federal issues in order to Why in news? accelerate the implementation of the national The fourth meeting of NITI Aayog’s governing development agenda, in the spirit of Ek council began with main agenda of deliberating Bharat Shrestha Bharat. upon measures taken to double farmers’ income and the progress of government’s flagship 3.6. STATEHOOD FOR DELHI schemes. Why in news? About NITI Aayog • The National Institution for Transforming The Delhi government has decided to give India, also called NITI Aayog, was formed via a another push to its demand for full statehood to resolution of the Union Cabinet on January 1, Delhi with a public campaign. 2015. It replaced the erstwhile Planning Special Provision for Delhi Commission. • • It is the premier policy ‘Think Tank’ of the The 69th Constitutional Amendment Act of Government of India, providing both 1991 provided a special status to the Union directional and policy inputs. Territory of Delhi, and redesignated it as the 19 DELHI | JAIPUR | PUNE | HYDERABAD | AHMEDABAD | LUCKNOW 8468022022

National Capital Territory of Delhi and exempted. designated the administrator of Delhi as the o The only exception to this rule, it said, was a lieutenant governor (LG). proviso to Article 239-AA, which allowed the • It created a legislative assembly and a council LG to refer to the President any issue on which there was a difference of opinion with of ministers for Delhi. Previously, Delhi had a the council of ministers. In such a case, the LG metropolitan council and an executive would be bound by the President’s decision. council. o Delhi Lieutenant Governor cannot act • The strength of the assembly is fixed at 70 independently and must take the aid and members, directly elected by the people. The advice of the Council of Ministers because elections are conducted by the election national capital enjoys special status and is not commission of India. a full state. Hence, the role of the L-G is • The strength of the council of ministers is different than that of a Governor. o fixed at ten per cent of the total strength of It observed that neither the state nor the L-G should feel lionized, but realise they are the assembly serving Constitutional obligations and there is Comparison between Delhi and a state no space for absolutism or anarchy in our Constitution. • The chief minister is appointed by the President (not by the LG). The other ministers 3.7. CAUVERY WATER are appointed by the president on the advice of the chief minister. MANAGEMENT SCHEME, 2018 • The ministers hold office during the pleasure Why in news? of the president. • The Assembly can make laws on all the Recently, the Union Water Resources ministry matters of the state list and concurrent list notified the constitution of the Cauvery Water except three matters of the state list – public Management Authority (CWMA) and the order, police and land. But laws of Parliament Cauvery Water Regulation Committee (CWRC) prevail over those made by the assembly. under Cauvery Water Management Scheme, 2018. • In case of difference of opinion between the More on news LG and the ministers, LG needs to refer the • matter to the President for decision and act In February, the Supreme Court directed the accordingly. Union government to form the CWMA within six weeks. Comparison between Delhi and other UTs • SC while accepting that the issue of drinking water has to be placed on a “higher • Only Delhi and Puducherry have legislative pedestal”, raised the share of Cauvery water assembly and council of ministers headed by a for Karnataka by 14.75 tmcft and reduced CM. Therefore, the Administrators of these Tamil Nadu's share, while compensating it by two UTs are meant to act upon the aid and allowing extraction of 10 tmcft groundwater advice of the Chief Minister and his Council of from the river basin. Ministers. • Cauvery Water Management Scheme, 2018 is • Delhi is the only UT with High Court of its framed under Section 6A of the Inter-State own. River Water Disputes Act of 1956 by the Recent Supreme Court Verdict on Delhi-Centre Power Central government for the establishment of Tussle the Cauvery Management Board and the • The Supreme Court judgement in the Government Regulation Committee of NCT Delhi vs Union of India case, overturned the August 2016 judgment of the Delhi high court, About Cauvery Water Management Authority which had ruled that since Delhi was a Union • territory all powers lay with the central Its mandate is to monitor and determine the government, not the elected Delhi government. total residual storage, apportion shares, • Resolving the dispute over the demarcation of supervise operation of reservoirs at the powers between the Union Government and the beginning of water year (1 June) with the Government of Delhi, the Supreme Court laid down assistance of the Cauvery Water Regulation a few key principles: Committee. o Delhi government has power in all areas • It will also regulate release of water by except land, police and public order and the Karnataka, at the inter-state contact point at LG is bound by the aid and advice of the Billigundulu gauge. government in areas other than those

• It will advise suitable measures to improve What is Article 35A? water use efficiency, by promoting micro- • It was incorporated into the Constitution in irrigation (drip and sprinkler), change in 1954 by a Presidential order issued under cropping pattern, improved agronomic Article 370 (1) (d) of the Constitution. practices, system deficiency correction and • It empowers J&K legislature to define state's command area development. "permanent residents" and their special • It may take suitable actions in case of defaults rights and privileges without attracting a by party states. challenge on grounds of violating the Right to • Its chairman would be appointed by the Equality of people from other States or any Central Government who is a senior and other right under the Constitution. eminent engineer or an All India Service • It protects certain provisions of the J&K Officer with experiences in water resource management and inter-State water sharing Constitution which denies property rights to issues native women who marry a person from • Unlike the earlier interim arrangements, it is a outside the State. The denial of these rights permanent body under the Union Ministry of extends to her children also. • Water Resources and its decisions are final However, they can give these special rights and binding on all the party States. and privileges only in the following four Constitutional and legislative provisions for inter-state categories: water disputes o Employment under the state government; • Article 262(2) empowers Parliament to provide by o Acquisition of immovable property in the law that neither the Supreme Court nor any other state; court shall exercise jurisdiction in respect of any o Settlement in the state; or such dispute or complaint. o Right to scholarships and such other o Cauvery Judgement was admitted by Supreme forms of aid as the state government may Court as Special Leave Petition (SLP). This is provide. the first time that the apex court has allowed a • The Article bars non-J&K state subjects to SLP challenging a tribunal’s award, and also settle and buy property in J&K. modified the award. • The Interstate River Water Disputes Act, 1956 Article 370 (IRWD Act) enacted under Article 262 of Constitution. Under this article the Parliament also • It grants special autonomous status to enacted the River Boards Act (1956). Jammu and Kashmir. • Except for defence, foreign affairs, finance About Cauvery Water Regulation Committee and communications, the Parliament needs (CWRC) the state government's concurrence for • It would consist of a Chairman and one applying all other laws. representative each of the party states, Indian • Part IV (dealing with Directive Principles of Meteorological Department (IMD), Central State Policy) and Part IVA (dealing with Water Commission (CWC) and Ministry of Fundamental Duties) are not applicable to the Agriculture & Farmer’s Welfare, along with a state. Member Secretary. • National Emergency Provisions- Union • It would act as a technical arm with following government cannot declare emergency on functions: grounds of internal disturbance or imminent o Collecting data regarding levels, inflows, danger unless it is made at the request or with storages and release of water periodically. the concurrence of the state government. o Preparing seasonal/annual report of the o Centre can declare emergency in the state water account for SW monsoon, NE only in case of war or external aggression. monsoon, Hot weather and submit it to o Centre has no power to declare financial the CWMA. emergency under Article 360 in the state. • State Emergency Provisions: Two types of 3.8. ARTICLE 35A State emergencies can be declared in the state, namely, President’s Rule under the Why in news? Indian Constitution and Governor’s Rule under The constitutionality of article 35A is being the state Constitution. challenged in the Supreme Court.

Governor’s Rule: Court declared that there is no prohibition in the Constitution for the state to have its own • The Governor’s Rule can be imposed when flag. However, the manner in which the state the state administration cannot be carried on flag is hoisted should not dishonour the in accordance with the provisions of the J&K national flag. It has to be always below the Constitution. national flag. • The governor, with the concurrence of the • Under the Constitution, a flag is not President of India, can assume to himself all enumerated in the Seventh Schedule. the powers of the state government, except However, Article 51A ordains that every those of the high court. He can dissolve the citizen shall abide by the Constitution and assembly and dismiss the council of ministers. respect its ideals and institutions, the national It was imposed for the first time in 1977. flag, and the national anthem. There is no • If it is not possible to restore the other provision regulating hoisting of flags, Constitutional machinery before the expiry of either by the States or by the public. It is clear this six-month period, the provision of Article that there is no prohibition under the 356 of the Constitution is extended, and the Constitution to hoist any flag other than the President's rule is imposed in the State. national flag. 3.9. STATE FLAG • Parliament has framed legislation regulating the hoisting of the national flag. The Emblems Why in news? and Names (Prevention of Improper Use) Act, 1950 prohibits against “use for any trade, • Karnataka is in the process to have its own business, calling or profession, or in the title state flag. of any patent, or in any trademark of design, More on news any name or emblem specified in the Schedule”. • If the flag is formally introduced in the state, • Under the Prevention of Insults to National Karnataka will become the second state after Honour Act, 1971, there is no prohibition Jammu and Kashmir to have its own official against any State hoisting its own flag. What is flag. prohibited under this Act is insulting the • J&K, which enjoys special powers under national flag by burning it, mutilating it, Article 370 of the Constitution, adopted its defacing it, etc. own flag in 2015. • The Flag Code of India, 2002 does not impose • Karnataka already had a red and yellow flag as prohibitions on a State flag. On the contrary, an unofficial state flag since the mid-1960s in the provisions regarding hoisting of the which is hoisted every year to commemorate national flag by the general public, private state formation day. organisations, educational institutions, etc., • Sikkim also has an unofficial state flag. the Code expressly authorises the flying of Constitutional and Legal Provision other flags under the condition that they should not be hoisted from the same • The Constitution does not prohibit a state masthead as the national flag or placed higher from having a separate state flag. In S.R. than it. Bommai v/s Union of India case, the Supreme

4. JUDICIARY 4.1. SUPREME COURT will advise the President in the matter of appointment. COLLEGIUM 4.2. CHIEF JUSTICE OF INDIA Why in news? There have been new appointments to Supreme Why in news? Court. On various occasions the Supreme Court Appointment to Higher Judiciary reiterated the authority of the Chief Justice of India to be first among the equals. • The appointment of the judges in the Supreme Courts and the High Courts is done Appointment Procedure by the President of India and the powers are • Appointment to the office of the Chief Justice given to him under Articles 124(2) and 217 of of India should be of the senior-most Judge of the Indian Constitution. the Supreme Court considered fit to hold the • Collegium System: It is the system of office. The Minister of Law and Justice would appointment and transfer of judges that has seek the recommendation of the outgoing evolved through judgments of the Supreme Chief Justice of India for the appointment of Court, and not by an Act of Parliament or by a the next Chief Justice of India. provision of the Constitution. Administrative Position of Chief Justice of India • The Supreme Court collegium is headed by (CJI) the Chief Justice of India and comprises four other senior most judges of the court. A High • Seat of the Supreme Court (Article 130): The Court collegium is led by its Chief Justice and Constitution declares Delhi as the seat of the four other senior most judges of that court. Supreme Court. But, it also authorises the Names recommended for appointment by a chief justice of India to appoint other place or High Court collegium reaches the government places as seat of the Supreme Court. He can only after approval by the CJI and the take decision in this regard only with the Supreme Court collegium. approval of the President. • Government’s role in Judicial Appointment: • Ad hoc Judge (Article 127): When there is a Judges of the higher judiciary are appointed lack of quorum of the permanent judges to only through the collegium system — and the hold or continue any session of the Supreme government has a role only after names have Court, the Chief Justice of India can appoint a been decided by the collegium. judge of a High Court as an ad hoc judge of o The government’s role is limited to the Supreme Court for a temporary period. He getting an inquiry conducted by the can do so only after consultation with the Intelligence Bureau (IB) if a lawyer is to be chief justice of the High Court concerned and elevated as a judge in a High Court or the with the previous consent of the president. Supreme Court. • Retired Judges (Article 128): At any time, the o It can also raise objections and seek chief justice of India can request a retired clarifications regarding the collegium’s judge of the Supreme Court or a retired judge choices, but if the collegium reiterates the of a high court (who is duly qualified for same names, the government is bound, appointment as a judge of the Supreme under Constitution Bench judgments, to Court) to act as a judge of the Supreme Court appoint them as judges. for a temporary period. He can do so only • Procedure to appointment: As per the rules, with the previous consent of the president the Chief justice of India (CJI) in consultation and also of the person to be so appointed. with four top-most judges recommend the • As per Supreme Court Rules, assignment of elevation of high court judges to the apex cases had to be done by CJI. The Supreme court. The CJI then needs to submit this Court Rules are framed by the Supreme Court recommendation to the Central government in exercise of powers under Article 145 of the as part of the record. After receipt of the final Constitution. recommendation of the CJI, the Minister of • Freedom to Appoint its Staff (Article 146): Law and Justice will put up the The Chief Justice of India can appoint officers recommendation to the Prime Minister who and servants of the Supreme Court without 23 DELHI | JAIPUR | PUNE | HYDERABAD | AHMEDABAD | LUCKNOW 8468022022

any interference from the executive. He can More on news also prescribe their conditions of service. • With the enactment of the Andhra Pradesh Reorganisation Act, 2014, Andhra Pradesh was 4.3. SUB-ORDINATE COURTS bifurcated into two states, viz., State of Andhra Pradesh and State of Telangana. Why in News? • The Act, which had come into effect from Supreme Court expressed concern over the high June 2, 2014 has a provision for separate High level of vacancy in subordinate courts. Courts for State of Telangana and State of Recruitment Process of District Courts Andhra Pradesh. Constitutional Provisions for High Courts • The appointment, posting and promotion of • district judges in a state are made by the Articles 214 to 231 in Part VI of the governor of the state in consultation with the Constitution deal with the organisation, high court. A person to be appointed as independence, jurisdiction, powers, district judge should have the following procedures and so on of the high courts. • qualifications: The Constitution of India provides for a high o He should not already be in the service of court for each state, but the Seventh the Central or the state government. Amendment Act of 1956 authorised the o He should have been an advocate or a Parliament to establish a common high court pleader for seven years. for two or more states or for two or more o He should be recommended by the high states and a union territory. • court for appointment. The territorial jurisdiction of a high court is co- terminus with the territory of a state. • Appointment of other Judges (other than Similarly, the territorial jurisdiction of a district judges) to the judicial service of a state common high court is co-terminus with the are made by the governor of the state after territories of the concerned states and union consultation with the State Public Service territory. Commission and the high court. • At present, there are 25 high courts in the • Control over Subordinate Courts: The control country (including the Andhra Pradesh HC). over district courts and other subordinate Out of them, three are common for 2 or more courts including the posting, promotion and states. leave of persons belonging to the judicial • Delhi is the only union territory that has a service of a state and holding any post inferior high court of its own (since 1966). to the post of district judge is vested in the • The Parliament can extend the jurisdiction of high court. a high court to any union territory or exclude the jurisdiction of a high court from any union territory.

HCs having common jurisdiction with 2 or more States and/or UTs Bombay HC Maharashtra, Goa, Dadra and Nagar Haveli, Daman and Diu Guwahati HC Assam, Nagaland, Mizoram and Arunachal Pradesh Punjab and Punjab, Haryana, Chandigarh Haryana HC Calcutta HC West Bengal, Andaman and Nicobar Islands Tamil Nadu Tamil Nadu, Puducherry 4.4. SEPARATE HIGH COURTS HC Kerela HC Kerela, Lakshadweep FOR ANDHRA PRADESH & TELANGANA 4.5. ADR MECHANISMS

Why in news? Why in News? Recently the separate High Courts for Telangana The New Delhi International Arbitration Centre and Andhra Pradesh came into being. Ordinance, 2019 was promulgated.

Details • National Legal Service authority (NALSA) – It has been constituted under the Legal Services • New Delhi International Arbitration Centre Authorities Act, 1987 to provide free Legal (NDIAC): The Ordinance seeks to provide for Services to the weaker sections of the society the establishment of the NDIAC to conduct and to organize Lok Adalats for amicable arbitration, mediation, and conciliation settlement of disputes. National Legal proceedings. It declares the NDIAC as an Services Authority was constituted on 5th institution of national importance. December 1995. It issues guidelines for the • International Centre for Alternative Dispute State Legal Authorities to implement the legal Resolution (ICADR): The Ordinance seeks to programs and schemes through the country. transfer the existing ICADR to the central • Gram Nyayalaya: mobile village courts in India government. established under Gram Nyayalayas Act, 2008 International Centre For Alternative Dispute Resolution (ICADR) for speedy and easy access to justice system • It is an autonomous organization with its in the rural areas of India. In terms of Section headquarters at New Delhi. The Regional Centres 3(1) of the the Act, it is for the State of ICADR are fully funded and supported by the Governments to establish Gram Nyayalayas in respective State Governments. consultation with the respective High Courts. • It was set up by the Department of Legal Affairs as an autonomous body registered under the 4.6. REVIEW OF THE CONTEMPT Societies Registration Act, 1860. • The Minister for Law & Justice is the Chairman of OF COURTS ACT, 1971 ICADR. Why in news? • Its main object is to promote popularize and propagate Alternative Dispute Resolution to The Law Commission has submitted report titled facilitate early resolution of disputes to reduce the “Review of the Contempt of Courts Act, 1971”. burden of arrears in the Courts. Contempt of Court Tools of Alternative Dispute Redressal • The expression ‘contempt of court’ has not • Arbitration is a process in which a neutral been defined by the Constitution. However, third party or parties render a decision based the expression has been defined by the on the merits of the case. Contempt of Court Act of 1971. Under this, o It can start only if there exists a valid contempt of court may be civil or criminal. arbitration agreement between the • Civil contempt means wilful disobedience to parties prior to the emergence of the any judgement, order, writ or other process of dispute. a court or wilful breach of an undertaking • Mediation aims to facilitate the development given to a court. of a consensual solution by the disputing • Criminal contempt means the publication of parties. any matter or doing an act which- (i) o It is overseen by a non-partisan third party scandalises or lowers the authority of a court; - the Mediator. The authority of the or (ii) prejudices or interferes with the due mediator vests on the consent of the course of a judicial proceeding; or (iii) parties that he should facilitate their interferes or obstructs the administration of negotiations. justice in any other manner. • Conciliation is a process by which resolution • However, innocent publication and of disputes is achieved by compromise or distribution of some matter, fair and accurate voluntary agreement. report of judicial proceedings, fair and o In contrast to arbitration, the conciliator reasonable criticism of judicial acts and does not render a binding award. The comment on the administrative side of the parties are free to accept or reject the judiciary do not amount to contempt of court. recommendations of the conciliator.

5. ELECTION 5.1. ELECTRONIC VOTING • Secure against post-manufacturing tampering: The machines with self- MACHINE (EVM) diagnostics shut down automatically in case of tampering. Why in news? • There are also various procedural checks and Recently, there have been controversies balances (Standard Operating Procedure) like surrounding EVMs regarding their safety feature. functional checks, trial run, random allocation, multi-stage testing, dry run and safe & secure About Electronic Voting Machine (EVM) storage post voting, included for ensuring • An EVM consists of a "control unit" and a free and fair elections. "balloting unit". The control unit is with the Election Commission-appointed polling officer; the Related Information balloting unit is in the voting compartment into Voter Verifiable Paper Audit Trail (VVPAT) where voter casts her vote in secret • VVPATs are an independent verification system • It runs on a single alkaline battery fitted in the designed to allow voters to verify that their votes control unit, and can even be used in areas that were cast correctly, to detect possible election have no electricity. fraud/malfunction and to provide a means to audit • They are manufactured by Electronics Corporation the stored results in case of disputes. of India Limited (ECIL) and Bharat Electronics • In VVPATs, a paper slip is generated bearing serial Limited (BEL). number, name and symbol of the candidate along History of EVMs in Indian Elections with recording of vote in CU. The printed slip is visible (for 7 seconds) in a viewing window st • EVMs were 1 used in 1982 Kerala Assembly attached to BU in voting compartment. elections (by-election). • In Subramaniam Swamy vs ECI (2013), SC said • However, SC struck down the election VVPAT is necessary for transparency in voting and since Representation of People Act, 1951, and must be implemented by ECI. In General Elections Conduct of Elections Rules, 1961, did not allow use 2019, VVPATs will be used in all the constituencies. of EVMs. • RP Act 1951 was amended in 1988 to allow usage of 5.2. DELIMITATION COMMISSION EVMs. • In 1999, they were used for the 1st time in the Why in news? entire state for Goa Legislative Assembly elections. • In 2004, EVMs were used for the 1st time in Lok The Supreme Court has issued notices to the Sabha elections. Delimitation Commission of India (DCI), the Election Commission of India (ECI), the Centre and Safety Features within EVMs others on a petition seeking proportional • Non-reprogrammable: It consists of an representation in the Legislative Assembly for integrated circuit (IC) chip that is one time Limboo and Tamang Scheduled Tribes of Sikkim. programmable (software burnt at the time of Delimitation Act, 2002 manufacturing) and cannot be • Articles 82 and 170 of the Constitution of India reprogrammed. provide for readjustment and the division of • No external communication: Indian EVMs are each State into territorial constituencies standalone machines. They are not networked (Parliamentary constituencies and Assembly by any wired or wireless system. constituencies) on the basis of the 2001 • Secure Source Code: Software and source census by such authority and in such manner code developed in-house by selected group of as Parliament may, by law, determine. engineers in BEL and ECIL. • Therefore, the Delimitation Act, 2002, was • It allows a voter to cast the vote only once. enacted to set up a Delimitation Commission The next vote can be recorded only after for the purpose of effecting delimitation Presiding Officer enables the ballot on CU. based on the 2001 census. • Time stamping of votes: EVMs are installed o Delimitation commissions were set up in with real time clock, full display system and 1952 (1951 census), 1962 (1961 census), time-stamping of every key pressing so there 1972 (1971 census) and 2002 (2001 census) is no possibility of system generated/latent • Procedure and powers of the Commission votes. o The Commission shall determine its own procedure and shall, in the performance

of its functions, have all the powers of a • members of armed police force of a State and civil court under the Code of Civil serving outside that state Procedure, 1908. • persons who are employed by GoI in a post outside o If there is a difference of opinion among India. the members, the opinion of the majority Proxy Voting in India shall prevail. • Voting in an Indian election can be done in three o The Commission shall cause each of its ways- orders w.r.t delimitation of constituencies o in person to be published in the Gazette of India o by post and in the Official Gazettes of the States o and, through a proxy. concerned and simultaneously cause such • Under proxy voting, a registered elector can delegate his voting power to a representative. orders to be published at least in two • This was introduced in 2003 for elections to the vernacular newspapers and publicize on Lok Sabha and Assemblies, but on a limited scale. radio, television and other possible media • A “classified service voter” is allowed to nominate available to the public. a proxy to cast vote on his behalf in his absence. o Upon publication in the Gazette of India, • However, a service voter can also vote by postal every such order shall have the force of ballot. law and shall not be called in question in • Recently, the Lok Sabha passed the any court. As soon as may be after such Representation of the People (Amendment) Bill, publication, every such order shall be laid 2017 to allow for the proxy voting by the Non- before the House of the People and the Residential Indians through amendment in Section Legislative Assemblies of the States 60 (special procedure for voting by certain classes of persons). concerned. 5.3. ELECTRONICALLY 5.4. NONE OF THE ABOVE (NOTA) TRANSMITTED POSTAL BALLOT Why in News? SYSTEM (ETPBS) Maharashtra State Election Commission (MSEC) recently made an order for local body polls that Why in news? fresh elections should be held if NOTA ‘emerges The ETPBS was recently used in Chengannur winner’. (Kerala) Assembly bypoll for service voters. About NOTA More about ETPBS • • It provides an alternative method of quick It was introduced in India following the 2013 dispatch of Postal Ballot paper electronically Supreme Court directive. It is an option the (earlier delivered by post) to the entitled voting machine, designed to allow voters to Service Voters. disapprove all the candidates while delivering their vote. Its symbol was introduced in 2015. • It was developed by the Election Commission • with the help of Centre for Development of However, NOTA in India does not provide for Advanced Computing (C-DAC). a ‘right to reject’. The candidate with the maximum votes wins the election irrespective • It uses QR codes for uniqueness of the Service of the number of NOTA votes polled. Voters and the secrecy in transmission is • ensured by the use of OTP and PIN. The NOTA votes have not been accounted while calculating votes polled by candidates • The postal ballots are delivered in electronic for making them eligible (1/6th of valid votes) data format to voters on a real time basis. for getting back their security deposits. The voters can download the postal ballot and • votes so cast would be received by the Election Commission currently has no plenary returning officer through post. power to call a fresh election even if NOTA secures highest votes. • It was first used in Nellithope by-elections in • Puducherry in 2016. SC has ruled that NOTA option is applicable only for direct elections and not indirect Service Voter elections such as the Rajya Sabha polls. As mentioned in Representation of People’s Act, 1950, • To give greater sanctity to NOTA and even Service voters are: order a fresh election, Rule 64 of Conduct of • members of Armed Forces of the Union Election Rules will have to be amended and • members of forces to which provisions of Army Act, 1950 applies.

can be done by the law ministry. It will not 5.6. SYSTEMATIC VOTERS require Parliament sanction. EDUCATION AND ELECTORAL Rule 64 It refers to “declaration of result of election and return PARTICIPATION (SVEEP) of election”. But the rule does not consider a situation where NOTA votes may be higher than those polled by Why in news? any candidate. A dedicated portal for the ECI’s ‘Systematic Voters Education and Electoral Participation’ (SVEEP)

5.5. TWO-CONSTITUENCIES NORM initiative was launched. About SVEEP Initiative Why in news? • It is the flagship program of the Election The Supreme Court is examining the Commission of India for voter education, constitutional validity of Section 33(7) of the spreading voter awareness and promoting Representation of People Act,1951 that allows a voter literacy in India. Since 2009, ECI has candidate to fight from two seats at the same been working towards preparing India’s time. electors and equipping them with basic Representation of People Act,1951 (Two- knowledge related to the electoral process. Constituency norm) Related News • In the original 1951 Act, Section 33 permitted a • The Election Commission of India (ECI) has person to contest from more than one seat, organized “National Consultation on Accessible while Section 70 of the Act prevented him or Elections”. her from holding on to more than one seat in • The event is a part of the ECI’s pursuit of its state or central legislatures. mission ‘leave no voter behind,’ with special focus on “Persons with Disabilities” (PwD). • The 1996 amendment to the RPA sets the limit • Its primary goal is to build a truly participative at two seats. democracy in India by encouraging all eligible • Recently ECI has favoured amendments in this citizens to vote and make an informed section to allow contesting from one seat. decision during the elections. Vacating of Seats upon Double Membership: The Representation of People Act (1951) provides for 5.7. SECTIONS OF RPA, 1951 IN the following: NEWS • If a person is elected to both the Houses of Parliament, he must intimate within 10 days in Section Details which House he desires to serve. In default of Section It prohibits displaying any election matter by such intimation, his seat in the Rajya Sabha 126 means, inter alia, of television or similar becomes vacant. apparatus, during the period of 48 hours • If a sitting member of one House is also before the hour fixed for conclusion of poll in a constituency. elected to the other House, his seat in the first Section It prohibits conduct of Exit poll and House becomes vacant. 126A dissemination of their results during the • If a person is elected to two seats in a House, period mentioned therein, in the hour fixed he should exercise his option for one. for commencement of polls in the first phase Otherwise, both seats become vacant. and half hour after the time fixed for close of poll for the last phase in all the States. • Similarly, a person cannot be a member of Section • It specifies that a bye-election for filling both the Parliament and the state legislature 151A any vacancy must be held within 6 at the same time. If a person is so elected, his months from the date of occurrence of seat in Parliament becomes vacant if he does the vacancy. not resign his seat in the state legislature • It also provides for the exception in which within 14 days. the bye-elections may not be conducted if: o The remainder term for the member in relation to a vacancy is less than 1 year or, o Election commission in consultation with the central government certifies that it is difficult to hold the bye-elections within the said period.

6. MAJOR CONSTITUTIONAL AMENDMENTS (BILLS AND ACTS) 6.1. 123RD CONSTITUTIONAL • The NCBC would get constitutional status after half of the states approve it with a AMENDMENT BILL simple majority and President gives his nod to the legislation. Why in news? Other Provisions of the Bill The Parliament has recently passed the • Composition and service conditions: Under Constitution (123rd Amendment) Bill. the Constitution Amendment Bill, the NCBC Amendment by Special Majority of Parliament and will comprise of five members appointed by Consent of States: the President. Their tenure and conditions of • Those provisions of the Constitution which are service will also be decided by the President related to the federal structure of the polity can through rules. be amended by a special majority of the Parliament • Functions: The duties of the NCBC will include: and also with the consent of half of the state o Investigating and monitoring how legislatures by a simple majority. safeguards provided to the backward • If one or some or all the remaining states take no action on the bill, it does not matter; the moment classes under the Constitution and other half of the states give their consent, the formality laws are being implemented, is completed. o Inquiring into specific complaints • There is no time limit within which the states regarding violation of rights, and should give their consent to the bill. o Advising and making recommendations • The following provisions can be amended in this on socio-economic development of such way: classes. o Election of the President and its manner. o The central and state governments will be o Extent of the executive power of the Union required to consult with the NCBC on all and the states. major policy matters affecting the socially o Supreme Court and high courts. o Distribution of legislative powers between the and educationally backward classes. Union and the states. o The NCBC will be required to present o Any of the lists in the Seventh Schedule. annual reports to the President on o Representation of states in Parliament. working of the safeguards for backward o Power of Parliament to amend the classes. These reports will be tabled in Constitution and its procedure (Article 368 Parliament, and in the state legislative itself). assemblies of the concerned states. More on news • Powers of a civil court: The NCBC will have the powers of a civil court while investigating • Added a new article 338B which provides for or inquiring into any complaints. These NCBC, its composition, mandate, functions powers include: (i) summoning people and and various officers. examining them on oath, (ii) requiring • Added a new article 342-A which empowers production of any document or public record, the president to notify the list of socially and and (iii) receiving evidence. educationally backward classes of that state / union territory. He may do this in consultation 6.2. RESERVATION FOR with the Governor of the concerned state. However, a law of Parliament will be required ECONOMICALLY WEAKER if the list of backward classes is to be SECTIONS amended. • It would also amend article 366 to add a Why in news? clause 26C providing definition of socially and President gave assent to The Constitution (103rd educationally backward classes. Amendment) Act, 2019 (124th Constitution • This would bring it at par with the National Amendment Bill) to provide 10% reservation in Commission for Scheduled Castes (NCSC) and government jobs and educational institutions to the National Commission for Scheduled Tribes the economically weaker sections (EWS) among (NCST). those who are not covered under any reservation plan.

need to "collect quantifiable data" reflecting the backwardness among these communities as mandated by the Nagaraj judgement of 2006. Related SC Judgements and Constitutional provisions • Article 15(4) allows State to make special provision for the advancement of any socially and educationally backward classes of citizens or for SCs and STs. • Nine judge bench in Indra Sawhney case (1992) o The Supreme Court upheld the Mandal Commission’s 27 percent quota for backward classes with a condition that Key features of the amendment combined reservation should not exceed • The amendment adds Article 15(6) to enable 50%. the government to take special measures (not o It also struck down the government limited to reservations) for the advancement notification reserving 10% government of “economically weaker sections” (EWS). jobs for economically backward classes o Up to 10% of seats may be reserved for among the higher castes on the grounds such sections for admission in educational that Constitution only provides for institutions. Such reservation will not addressing social backwardness. apply to minority educational institutions. o Creamy layer must be eliminated from • The amendment adds Article 16(6) which the Backward Classes. permits the government to reserve up to 10% o There should be no reservation in the of all posts for the “economically weaker promotions. sections” of citizens. • As the Indra Sawhney judgement disallowed • The reservation of up to 10% for the EWS will reservation in promotions and consequential be in addition to the existing reservation cap seniority, Parliament enacted three of 50% reservation for SC, ST and OBCs. constitutional amendments in 1995, 2000 and • The central government will notify the 2002, the most contested one being Article 16 “economically weaker sections” of citizens (4A). on the basis of family income and other • Article 16 (4A) added by 77th CA Act, 1995: indicators of economic disadvantage. Allows for reservation in matters of • Constitutional recognition to Economically promotion, with consequential seniority, in Weaker Section (EWS): For the very first time, favour of the Scheduled Castes and the economic class is constitutionally recognized Scheduled Tribes which are not adequately as vulnerable section & would form the basis represented. of affirmative action programme. It is a • The 85th CA Act, 2001 gave back departure from traditional centrality of caste “consequential seniority” to SC/ST in deciding affirmative action. promotees. • Five judge bench in Nagaraj Case (2006): 6.3. RESERVATION IN o The court upheld the constitutional PROMOTION validity of the amendments. o But it also said that for providing quota in Why in news? promotions the states must provide: ✓ quantifiable data on the • The Supreme Court has permitted Central backwardness of Scheduled Castes government for reservation in promotion to (SC) and Scheduled Tribes (ST) SC/ST employees working in the public sector ✓ the facts about their inadequate in “accordance with law” i.e. as per the representation Nagaraj Case (2006) guidelines. ✓ the overall administrative efficiency. • A five-judge Constitution bench allowed for ✓ not breach the ceiling-limit of 50% or grant of quota for promotions in the obliterate the creamy layer or extend government jobs to SCs and STs without the the reservation indefinitely. 30 8468022022 DELHI | JAIPUR | PUNE | HYDERABAD | AHMEDABAD | LUCKNOW

6.4. NORTH-EAST AUTONOMOUS About autonomous councils and 6th schedule COUNCILS • 6th schedule deals with the administration of the tribal areas in four north-eastern states of Why in news? Assam, Meghalaya, Tripura and Mizoram. o They are treated differently by the Recently, Constitution (125th Amendment) Bill, constitution because the tribes in these 2019 was introduced in Rajya Sabha. The Bill states have not assimilated much the life amends provisions related to the Finance and ways of the other people in these Commission and the Sixth Schedule of the states. Constitution to increase the financial and • The tribal areas in these states have been executive powers of the 10 Autonomous Councils constituted as autonomous districts, each of in the Sixth Schedule areas. which has an autonomous district council Related information consisting of 30 members. Currently, there are 5th Schedule (Art 244 (1))- deals with the control and 10 such councils. administration of the Schedule Areas. Some of the • These autonomous districts are directly important features of the Schedule are: administered by the Governor. • It deals with provision for the constitution of a • Some of the powers and functions of Tribes Advisory Council. autonomous councils include: o However, the council in 5th schedule is o They can make laws on certain specified creation of state legislature while in 6th matters like land, forest, canal water, schedule it is the product of constitution. shifting cultivation, inheritance of o In fifth schedule, tribal advisory council have property, marriage, divorce etc. These only advisory powers to the state government and that too only on the matters referred to require assent of the governor. the council by governor. o They can constitute village councils or o It has financial power to prepare budget for courts within their jurisdiction, for trials of themselves unlike council in 5th areas. suits and cases between the tribes. o Councils of the sixth schedule also receive o They can establish, construct or manage funds from consolidated fund of India to primary schools, dispensaries, markets, finance schemes for development, health, ferries, fisheries, roads and so on in the education, roads. district. • The Governor has the power to adapt laws passed o They can make regulations for the control by Parliament and State legislature in such a way of money lending and trading by non- that it suits these areas. • It provides Governor with the power to make tribals, but these require the assent of the regulation for good governance and peace for the governor. area. o They are empowered to assess and collect • The Fifth Schedule also deals with the extension of land revenue and to impose certain direction by the Union to a State for the specified taxes. administration of the Schedule Areas. • Article 244A provides for an autonomous state for certain tribal areas in Assam with its own legislature and council of ministers.

7. IMPORTANT LEGISLATIONS/BILLS India for which they may submit the application to 7.1. CITIZENSHIP AMENDMENT the Indian Mission/ Post/ FRRO concerned). BILL • Exemption from registration with Foreigners Regional Registration Officer (FRRO) or Foreigners Why in news? Registration Officer (FRO) for any length of stay in The Citizenship (Amendment) Bill 2016 which India. recently lapsed saw opposition from various • Parity with Non-Resident Indians (NRIs) o in respect of all facilities available to them in quarters of the country. economic, financial, and educational fields The Citizenship Act, 1955 except in matters relating to the acquisition of • It provides for acquisition of citizenship by birth, agricultural or plantation properties. descent, registration, naturalization and by o in the matter of inter-country adoption of incorporation of territory into India. Indian children. • The Act prohibits illegal migrants from acquiring • Treated at par with resident Indian nationals in the Indian citizenship. It defines an illegal migrant as a matter of tariffs in air fares in domestic sectors in foreigner: (i) who enters India without a valid India. passport or travel documents, or (ii) stays beyond the • permitted time. Charged the same entry fee as domestic Indian • It regulates registration of Overseas Citizen of India visitors to visit national parks and wildlife Cardholders (OCIs), and their rights. sanctuaries in India. • It allows central government to cancel the • A person registered as an OCI Cardholder is eligible registration of OCIs on grounds such as fraudulent to apply for grant of Indian citizenship under registration, imprisonment for more than 2 section 5(1) (g) of the Citizenship Act, 1955 if years within 5 years of registration, sovereignty & he/she is registered as OCI Cardholder for five security of the country etc. years and is ordinarily resident in India for twelve Provisions of the Bill months before making an application for registration. • Definition of Illegal Migrants: The Bill amends Restrictions for OCI card holders the Citizenship Act, 1955 to provide that • The OCI Cardholder is not entitled to vote, be a ‘persecuted’ non-Muslim minorities (Hindu, member of Legislative Assembly or Legislative Sikh, Buddhist, Jain, Parsi & Christian Council or Parliament, cannot hold Constitutional communities) from Pakistan, Afghanistan and posts such as President, Vice President, Judge of Bangladesh, who have arrived in India on or Supreme Court or High Court etc. before December 31, 2014 & living in India • The OCI Cardholder shall not be entitled for without valid travel documents to obtain appointment to public services and posts in connection with the affairs of the Union or of any Indian citizenship, will not be treated as illegal State except for appointment in such services and migrants. However, to get this benefit, they posts as the Central Government may, by special must also be exempted from provisions of the order, in that behalf, specify. Passport (Entry into India) Act, 1920, and the • Further, the OCI Cardholder cannot acquire Foreigners Act, 1946 by the central agricultural or plantation properties in India. government. • Citizenship by naturalization: The amendment 7.2. ENEMY PROPERTY ACT reduces the aggregate period of residential qualification for acquiring citizenship by Why in News? naturalization from 11 years to 6 years, along The Union Cabinet has approved the mechanism with continuous stay for last 12 months. and procedure for sale of the enemy shares. • Cancellation of registration of Overseas Details Citizens of India (OCIs): Bill adds one more provision for cancellation of registration of • To administer the enemy property seized OCIs for violation of any law in the country. during the wars, the government enacted the Enemy Property Act in 1968. Related News – Calls for full citizenship to OCI card • The act defines "Enemy property" refers to holders, merger of Person of India Origin (PIO) and any property belonging to, held or managed OCI cards on behalf of an enemy, an enemy subject or The benefits of OCI cards an enemy firm. • Multiple entry lifelong visa for visiting India for o The Defence of India Acts defined an any purpose (However OCI Cardholders will require ‘enemy’ as a country that committed an a special permission to undertake research work in act of aggression against India. 32 8468022022 DELHI | JAIPUR | PUNE | HYDERABAD | AHMEDABAD | LUCKNOW

• The Enemy Property Act laid down the transactions where i) a transaction been made powers of the Custodian of Enemy Property under a fictitious name; ii) the owner is not of India (CEPI) for management and aware or denies knowledge of the ownership preservation of the enemy properties. of the property; iii) the person providing the o CEPI has been established under the property is not traceable. Ministry of Home Affairs and is • The key changes that will ensure transparency empowered to appropriate property in is the introduction of four authorities — India owned by Pakistani nationals under Initiating Officer, Approving Authority, Defence of India Act. Administrator, and Adjudicating Authority — o Under the recently approved the who will conduct investigations and inquiries mechanism and procedure it has been on Benami transactions. An Appellate Tribunal given powers for sale of enemy shares. will hear appeals passed by the Adjudicating • Department of Investment and Public Asset Authority, and these in turn will be heard by Management (DIPAM) has been authorized the High Court. under the provisions of the Enemy Property • The act mandates the Central Government in Act to sell the enemy properties. consultation with the Chief Justice of • Sale proceeds are to be deposited as respective High Court to designate one or disinvestment proceeds in the Government more courts of session as Special Court for Account maintained by Ministry of Finance. trial of offence punishable under it. The • A recent amendment to the Enemy Property special court has to complete the trial within (Amendment and Validation) Act, 2017, six months from the date of complaint filing. ensures the heirs of those who migrated to Recent actions taken Pakistan and China during Partition and • The Union Cabinet has approved the afterwards will have no claim over the appointment of Adjudicating Authority and properties left behind in India. establishment of Appellate Tribunal under Prohibition of Benami Property Transactions 7.3. PROHIBITION OF BENAMI Act (PBPT), 1988. PROPERTY TRANSACTIONS ACT • Appointment of the Adjudicating Authority would provide first stage review of Why in news? administrative action under the PBPT Act. The central government has notified Sessions Establishment of the proposed Appellate courts in 34 states and Union Territories, which Tribunal would provide an appellate will act as special courts for trial of offences under mechanism for the order passed by the the Benami Transaction Law. Adjudicating Authority under the PBPT Act. Benami Transactions Informants Reward Scheme, 2018 • This new scheme has been initiated by the Income 7.4. FUGITIVE ECONOMIC Tax Department with the objective of obtaining people’s participation in the Income Tax OFFENDERS BILL (FEOB), 2018 Department’s efforts to unearth black money and Why in news? to reduce tax evasion. President recently gave his assent to the Fugitive • A person can get reward up to Rs. One crore for giving specific information in prescribed manner Economic Offenders Bill (FEOB) ,2018. about benami transactions and properties as well Salient Features of the Act as proceeds from such properties which are • The Act allows for a person to be declared as actionable under Benami Property Transactions a fugitive economic offender (FEO) if: Act, 1988, as amended by Benami Transactions o an arrest warrant has been issued against (Prohibition) Amendment Act, 2016. him for any specified offences where the • Foreigners will also be eligible for such reward. value involved is over Rs 100 crore, and Identity of the persons giving information will not o he has left the country and refuses to be disclosed and strict confidentiality shall be return to face prosecution. maintained. • It extends not only to loan defaulters and Provisions of the Benami Transaction Law fraudsters, but also to individuals who violate • The 1988 Act as amended in 2016, defines a laws governing taxes, black money, benami benami transaction as a transaction where a properties and financial corruption. property is held by or transferred to a person, • The Enforcement Directorate (ED) will be the but has been provided or paid by another apex agency to implement the law. person. The definition also includes property

• To declare a person an FEO, an application will by the Central and State Government. be filed in a Special Court (designated under • The act shifted the burden of proof from the Prevention of Money-Laundering Act, prosecution to the accused. 2002) containing details of the properties to • The ‘public servant’ as per the definition includes be confiscated, and any information about the any person in service of a government and in the pay of the government, or its department, its person's whereabouts. companies or any undertaking or control of the • The Special Court will require the person to government. appear at a specified place at least six weeks • MPs and MLAs have been kept out of this act. from issue of notice. Proceedings will be • If the offences against the public servant have terminated if the person appears. been proved, it is punishable with imprisonment of • The Act allows authorities to provisionally not less than six months which may extend upto attach properties of an accused, while the five years. application is pending before the Special Brief background Court. • Currently, offences related to corrupt • Upon declaration as an FEO, properties of a practices of public officials are regulated by person may be confiscated and vested in the the Prevention of Corruption Act, 1988. central government, free of encumbrances • In 2011, India ratified the United Nations (rights and claims in the property). Convention against Corruption, and agreed to • Those classified as fugitives will also not be bring its domestic laws in line with the able to pursue any civil cases in India unless Convention that covers giving and taking a they come back to India and face prosecution. bribe, illicit enrichment and possession of disproportionate assets by a public servant as 7.5. PREVENTION OF offences, addresses bribery of foreign public CORRUPTION (AMENDMENT) officials, and bribery in the private sector. United Nations Convention against Corruption ACT, 2018 • It is the only legally binding universal anti- corruption instrument. Why in News? • It covers five main areas: preventive measures, Parliament has passed the Prevention of criminalization and law enforcement, international Corruption (Amendment) Act, 2018, which cooperation, asset recovery, and technical amends the archaic Prevention of Corruption Act, assistance and information exchange. 1988. • It covers many different forms of corruption, such Prevention of Corruption Act 1988 as bribery, trading in influence, abuse of functions, • The act extends to whole of India except Jammu and various acts of corruption in the private sector. and Kashmir. • Under this Act special judges were to be appointed

8. IMPORTANT CONSTITUTIONAL/ STATUTORY/ EXECUTIVE BODIES IN NEWS 8.1. UNION PUBLIC SERVICE Functions of UPSC: Under Article 320 of the Constitution of India, the Commission is, inter-alia, COMMISSION required to be consulted on all matters relating to recruitment to civil services and posts. The Why in news? functions of the Commission under Article 320 of The Centre has recently changed its appointment the Constitution are: rules to equate Union Public Service Commission • Conduct examinations for appointment to (UPSC) members with central government the services of the Union. secretaries and not Supreme Court judges, as was • Direct recruitment by selection through the norm earlier. interviews. About UPSC • Appointment of officers on promotion / deputation / absorption. • Article 315 provides for a Public Service • Commission for the Union and a Public Service Framing and amendment of Recruitment Commission for each State. Rules for various services and posts under the Government. • It is an independent constitutional body. • Articles 315 to 323 in Part XIV of the Disciplinary cases relating to different Civil Constitution contain elaborate provisions Services. • regarding the composition, appointment and Advising the Government on any matter removal of members along with the referred to the Commission by the President independence, powers and functions of the of India. UPSC. 8.2. CENTRAL BUREAU OF Article 316- Appointment and Term of Office: INVESTIGATION (CBI) • The UPSC consists of a chairman and other members appointed by the President of India. Why in News? The Constitution, without specifying the Andhra Pradesh and West Bengal have withdrawn strength of the Commission has left the the “general consent” granted to the Central matter to the discretion of the President, who Bureau of Investigation (CBI), effectively curtailing determines its composition. the agency’s powers in the States without prior • Further, no qualifications are prescribed for permission. the Commission’s membership except that one-half of the members of the Commission General Consent • Given that the CBI has jurisdiction only over central should be such persons who have held office government departments and employees, it can for at least ten years either under the investigate a case involving state government Government of India or under the employees or a violent crime in a given state only government of a state. after that state government gives its consent. • The Constitution also authorises the President Thus, it gets a general consent instead of a case- to determine the conditions of service of the specific consent to avoid taking permission each chairman and other members of the time. Commission. • The general consent is normally given for periods • The chairman and members of the ranging from six months to a year. Commission hold office for a term of six years More about news or until they attain the age of 65 years, • whichever is earlier. However, they can The CBI which is under the Delhi Special Police relinquish their offices at any time by Establishment (DSPE) Act, 1946, will now addressing their resignation to the President. have to approach the State government for They can also be removed before the expiry permission for investigation on a case by case of their term by the President in the manner basis. as provided in the Constitution. • It is not the first time. Over the years, several states had also withdrawn consent for some time.

Central Bureau of Investigation • In April 2018, the Union Cabinet has given its approval for rightsizing the CCI from One • It is the main investigation agency of the Chairperson and Six Members (totalling central government for cases relating to seven) to One Chairperson and Three corruption and major criminal probes. Members. • It is not a statutory body. It derives its powers to investigate the cases from the Delhi Special 8.4. CENTRAL INFORMATION Police Establishment Act, 1946. • The Lokpal Act 2013 prescribed that the CBI COMMISSION director shall be appointed on the Why in news? recommendation of a committee comprising the Prime Minister, Leader of the Opposition A new Chief Information Commissioner was in the Lok Sabha and Chief Justice of India or appointed recently. a judge of the Supreme Court nominated by About Central Information Commission him. • The Central Government can authorize CBI to • It was set up under the Right to Information investigate such crime in a State only with the Act to act upon complaints from those consent of the concerned State Government. individuals who have not been able to submit The Supreme Court and High Courts, information requests to a Central Public however, can order CBI to investigate such a Information Officer or State Public crime anywhere in the country without the Information. consent of the State. • It includes 1 Chief Information Commissioner (CIC) and not more than 10 Information Commissioners (IC) who are appointed by the President of India on the recommendation of a committee consisting of the Prime Minister as Chairperson, the Leader of Opposition in the Lok Sabha and a Union Cabinet Minister nominated by the Prime Minister. • The jurisdiction of the Commission extends over all Central Public Authorities. • When it comes to the RTI Act, the Central Information Commission is the only appellate authority which may declare a body as public authority if it is convinced that the organisation fits into the criteria for being 8.3. COMPETITION COMMISSION under the Right to Information Act. OF INDIA 8.5. NATIONAL COMMISSION Why in news? FOR PROTECTION OF CHILD Government has constituted a Competition Law RIGHTS Review Committee to review the Competition Act. Why in news? Competition Commission of India The appointments committee of the cabinet • It was established under the Competition Act, appointed the new chairperson of the National 2002 for the administration, implementation Commission for Protection of Child Rights and enforcement of the Act. The following are (NCPCR). the objectives of the Commission. About NCPCR o To prevent practices having adverse effect on competition. • It is a statutory body under the Commissions o To promote and sustain competition in for Protection of Child Rights (CPCR) Act, markets. 2005 under the administrative control of the o To protect the interests of consumers and Ministry of Women & Child Development. o To ensure freedom of trade • The Commission's Mandate is to ensure that all Laws, Policies, Programmes, and

Administrative Mechanisms are in consonance 8.6. NATIONAL COMMISSION with the Child Rights perspective as enshrined in the Constitution of India and also the UN FOR SAFAI KARMACHARIS Convention on the Rights of the Child. The (NCSK) Child is defined as a person in the 0 to 18 years age group. Why in news? • The commission consists of the following Recently, government approved the proposal for members to be appointed by the Central extension of tenure of the National Commission Government for Safai Karmacharis (NCSK) for next three years. o A chairperson who, is a person of eminence and has done an outstanding About the Commission work for promoting the welfare of • It was constituted in 1994 as a statutory body children; and under National Commission for Safai o Six members, out of which at least two Karamcharis Act, 1993. are woman, from amongst person of • With the lapse of this Act from 2004, the eminence, ability, integrity, standing and Commission is now acting as a non-statutory experience in the following fields body of the Ministry of Social Justice and ✓ Education; Empowerment whose tenure is extended ✓ Child health, care, welfare or child from time to time through Government development; Resolutions. ✓ Juvenile justice or care of neglected • It serves as a recommendatory body to or marginalized children or children Central Government, regarding specific with disabilities; programmes or action towards elimination of ✓ Elimination of child labour or children inequalities in status, and opportunities for in distress; Safai Karamcharis. ✓ Child psychology or sociology; and • The commission is also monitoring the ✓ Laws relating to children. implementation of The Prohibition of Employment as Manual Scavengers and Their Rehabilitation Act, 2013.

9. IMPORTANT ASPECTS OF GOVERNANCE Civil Servants and Fundamental Rights 9.1. IMPORTANT SECTIONS OF • Subject to the power of Parliament, under Article RIGHT TO INFORMATION ACT IN 33, to modify the fundamental rights in their NEWS application to members of the Armed Forces and the Police Forces, the fundamental rights guaranteed by the constitution are in favour of all Section Detail ‘citizens’, which obviously include public servants. Section It states that “public authority” means any • 2(h) authority or body or institution of self- While a public servant possesses the fundamental rights as a citizen, the State also possesses, under government established or constituted- the Proviso to Article 309, the power to regulate • By or under the Constitution; their ‘conditions of service’. • By any other law made by Parliament; • By any other law made by state Background about the CCS (Conduct) rules, 1964 legislature; • By notification issued or order made by • CCS (conduct) rules prescribes a set of Do’s the appropriate Government, and and Don’ts: These rules require them to includes any— maintain absolute integrity, devotion to duty o Body owned, controlled or and political neutrality which are essential substantially financed (The RTI Act requirement of any public servant but certain does not define substantial prohibitions may come in conflict with their financing. Consequently, courts are fundamental rights. For instance - often required to decide whether a o Prohibits government servants to take particular form and quantum of financial aid constitutes substantial part in the editing or management of any finance.) newspaper or periodical. o Non-Government organization o Prohibits speculation in stock, share or substantially financed, directly or any other investment except occasional indirectly by funds provided by the investments made through stock brokers. appropriate Government. o Public servants are barred from accepting Section • It states that, every government gifts, buying and selling properties, 4 department has to voluntarily disclose making commercial investments, information through annual reports and promoting companies and accepting websites. commercial employment after retirement. • It mandates that public authorities shall • Rule 9 of the CCS (Conduct) Rules, 1964: Rule maintain all its records duly catalogued and indexed in a manner and form which 9 prohibits any public servant to publish in his facilitate the RTI Act. own name or anonymously or Section It mentions exemptions against furnishing pseudonymously any statement of fact or 8(1) information under the RTI Act. These include opinion which has the effect of an adverse provions related to– national security, criticism of any current or recent policy or privacy, trade secrets, law enforcement and action of the Central Government or a State judicial process etc. Government. Section It provides that information exempted under 8(2) sub- section (1) or exempted under the 9.3. WRONGFUL PROSECUTION Official Secrets Act, 1923 can be disclosed if public interest in disclosure overweighs the Why in News? harm to the protected interest. Recently, Law Commission of India (LCI) 9.2. CENTRAL CIVIL SERVICES submitted its report titled “Wrongful Prosecution (CONDUCT) RULES, 1964 (Miscarriage of Justice): Legal Remedies”. Related information - International Covenant on Civil Why in News? and Political Rights, 1966 • Several provisions of Central Civil Services It is one of the key documents dealing with the miscarriage of Justice. (Conduct) Rules, 1964 (CCS (conduct) rules, 1964) • It commits its parties to respect the civil and are often used against public servants which political rights of individuals, including the right to restricts their fundamental rights. life, freedom of religion, freedom of speech, freedom of assembly, electoral rights and rights to due process and a fair trial.

• It is part of the International Bill of Human Rights, along with the International Covenant on 9.4. WITNESS PROTECTION Economic, Social and Cultural Rights (ICESCR) and SCHEME the Universal Declaration of Human Rights (UDHR). Why in News? Background Recently Supreme Court asked the states to adopt Witness Protection Scheme. • India has one of the highest under trial populations in the world: According to Related Information National Crime Records Bureau’s (NCRB) Art. 141 - law declared by the Supreme Court shall be annual Prison Statistics India (PSI) report 2015, binding on all courts within the territory of India. there were more than 4.19 lakh prisoners Art. 142- Under this, SC can grant appropriate relief for across India out of which 67.2% were under doing complete justice (where there is some manifest trials (i.e. people who have been committed illegality, want of jurisdiction or where some pulpable to judicial custody pending investigations or injustice is shown to have resulted). Curative petition trial). owes its origin to this article. Current provisions provide for following More on News remedies • Supreme Court under Article 141/142 of the Currently three categories of court-based Constitution of India has provided legal remedies with respect to miscarriage of justice are sanctity to the scheme until Parliament/state available to a victim: legislature enacts a law on the matter. • Although National Investigation Agency • Public law remedy: it is treated as a violation (NIA) act provides for witness protection, the of fundamental rights under Article 21 (the scheme has extended it to the witnesses in all right to life and liberty) and Article 22 other cases as per the threat perception. A (protection against arbitrary arrests and illegal Witness Protection Bill is still pending. detention, etc.) of the Constitution, that • In Zahira sheikh vs. State of Gujarat, SC invokes the writ jurisdiction of Supreme Court observed that witness protection is necessary and High Courts under Article 32 and 226 for free and fair trial. respectively. • Private law remedy: it exists in the form of About the Witness Protection Scheme civil suits against the state for monetary • The scheme aimed to enable a witness to damages on account of tortious acts of public depose fearlessly and truthfully. Under it, servants- especially negligence by a public witness protection may be as simple as servant in the course of employment. Both providing a police escort to the witness up to public and private law remedies are victim the courtroom or, in more complex cases centric in nature. involving an organised criminal group, taking • Criminal law remedy: it holds the wrong doer extraordinary measures such as offering accountable i.e. proceedings with criminal temporary residence in a safe house, giving a action against the concerned officers of the new identity, and relocation at an undisclosed State for their misconduct. place.

• It has provisions related to

o procedure to be followed for witness

protection, o use of technology like in-camera trials o Witness Protection Fund etc.

10. MISCELLANEOUS 10.1. YUVA SAHAKAR- • Eligibility: All types of cooperatives in operation for at least one year and having COOPERATIVE ENTERPRISE positive net-worth are eligible. SUPPORT AND INNOVATION About NCDC SCHEME • It is the sole statutory organisation (under Why in News? Ministry of Agriculture & Farmers Welfare) functioning as an apex financial and Union Agriculture Minister launched National developmental institution exclusively devoted Cooperative Development Corporation (NCDC)’s to cooperative sector. new scheme ‘Yuva Sahakar-Cooperative • It strengthens and promotes programmes Enterprise Support and Innovation Scheme’. across sectors relating to agriculture and Cooperatives in India allied fields like dairy, poultry, livestock, fisheries, cotton ginning and spinning, sugar The 97thConstitutional Amendment Act of 2011 gave a constitutional status and protection to co-operative and notified services like hospitality, societies. It made the following three changes in the transport, rural housing, hospitals/health core constitution: etc. • It made the right to form co-operative societies a fundamental right (Article 19(1)(c)). 10.2. INDIA URBAN DATA • It included a new Directive Principle of State EXCHANGE (IUDX) Policy on promotion of cooperative societies (Article 43-B). Why in News? • It added a new Part IX-B “The Cooperative Societies” (Articles 243-ZH to 243-ZT) which Ministry of Housing and Urban Affairs has begun contains the following provisions: the development of Indian Urban Data Exchange o The state legislature may make provisions for (IUDX) for the Smart Cities Mission. the incorporation, regulation and winding-up of co-operative societies based on the More on news principles of voluntary formation, democratic member control, member-economic • India Urban Data Exchange is a platform participation and autonomous functioning. intended to facilitate easy and efficient o The board shall consist of such number of exchange of data among various directors as may be provided by the state stakeholders of Smart Cities by legislature. But, the maximum number of interconnecting disparate urban data directors of a co-operative society shall not platforms and enabling co-creation and exceed twenty-one. o The state legislature shall provide for the innovation. reservation of one seat for the Scheduled • Smart Cities Mission aims to develop 100 Castes or the Scheduled Tribes and two seats citizen-friendly and sustainable cities using for women on the board of every co-operative technological solutions across the country. society having members from such a category o The mission will spend over Rs 16,000 of persons. crore — 8 percent of the total Rs 2.04 About Yuva Sahakar lakh crore investment — on information technology • Purpose: To cater to the needs and o After digitising municipal operations, such aspirations of the youth, attracting them to as waste flow, water supply, traffic cooperative business ventures. It would patterns, and surveillance systems, the encourage cooperatives to venture into new aim is to feed all data into an Integrated and innovative areas. Command and Control Center (ICCC). • CSIF fund: The scheme will be linked to a • Open Smart Cities of India (OSCI), a non- ‘Cooperative Start-up and Innovation Fund profit, start-up company with central and (CSIF)’ created by the NCDC with an annual state government officials, Smart City outlay of Rs 100 crore and it has special officials, researchers, and industry players to incentive for cooperatives of North Eastern set up and scale IUDX, is also proposed. region, Aspirational Districts and cooperatives with women/SC/ST/PwD members. 40 8468022022 DELHI | JAIPUR | PUNE | HYDERABAD | AHMEDABAD | LUCKNOW

ICCC • The WCCD hosts a network of innovative cities • It is a center where the entire city's information is committed to improving services and quality of life collected, viewed and analysed through a City with open city data and provides a consistent and operations center application. comprehensive platform for standardized urban • This system would control street lights, parking metrics. lights, parking, traffic (including violations and • The WCCD is a global hub for creative learning congestions), waste management, water supply partnerships across cities, international etc. through sensors. organizations, corporate partners, and academia • As of June 2018, ICCC were operational under 10 to further innovation, envision alternative futures, smart cities in India with the latest being Naya and build better and more liveable cities. Raipur. 10.4. MISSION SATYANISHTHA 10.3. CITY DATA INITIATIVE • Mission Satyanishtha was launched recently Why in news? by Ministry of Railways. • The mission aims at sensitizing all railway Vijayawada has entered the City Data for India employees about the need to adhere to good Initiative recently. ethics and to maintain high standards of About City Data for India initiative integrity at work. • The Tata Trusts and the World Council on City 10.5. CENTRE FOR RESEARCH Data (WCCD) have established a major AND PLANNING partnership for the Initiative. • It aims to help “participating cities to achieve • The Supreme Court’s in-house think-tank, WCCD ISO 37120 city data certification. Centre for Research and Planning, was • It was launched in 2016 with three cities – recently unveiled by the Chief Justice of India. Pune, Surat and Jamshedpur – the first Indian • Its main mandate would be to carry out cities to achieve WCCD ISO 37120 Certification. cutting-edge research into fundamental • It contributes to improved infrastructure jurisprudence and doctrines of law. services, inclusive prosperity and quality of life for millions of Indian urban citizens 10.6. DRAFT CAPE TOWN About WCCD certification CONVENTION BILL, 2018

• This certification is the first international • Recently the Ministry of Civil Aviation standard published for globally-comparable released the draft Bill that seeks to implement city data, providing a comprehensive set of the Cape Town Convention (Convention on indicators to measure a city’s social, economic International Interests in Mobile Equipment), and environmental performance in relation to and Protocol (Protocol to the Convention on other cities. Matters Specific to Aircraft Equipment) in • It employs 100 indicators spanned across 17 India. themes ranging from economy education, • The Cape Town Convention was adopted in environment to health, safety and fire & 2001under the joint auspices of International emergency response. Civil Aviation Organisation (ICAO) and • WCCD Certification levels (Aspirational, International Institute for the Unification of Bronze, Silver, Gold, Platinum) are based on Private Law (UNIDROIT). the number of indicators reported by the city. • The Convention is general in nature and is • Once a city is ISO 37120 certified, they are meant to be applied to three sectors, viz. included in WCCD’s Global Cities Registry. Aviation, Railways and Space Equipment. • The data pertaining to the city is then • India became a party to the convention/ available on WCCD’s Open City Data Portal Protocol in July, 2008. As of 2016, there are 65 and can be accessed by civic bodies, state and Parties to the Convention. central authorities, international bodies and The International Civil Aviation Organization the public. • It is a UN specialized agency, established by States The World Council on City Data (WCCD) in 1944 to manage the administration and • It is the global leader in standardized city data - governance of the Convention on International creating smart, sustainable, resilient, and Civil Aviation (Chicago Convention). prosperous cities. • It aims to reach consensus on international civil 41 DELHI | JAIPUR | PUNE | HYDERABAD | AHMEDABAD | LUCKNOW 8468022022

aviation Standards and Recommended Practices (SARPs) and policies in support of a safe, efficient, 10.9. ‘BEYOND FAKE NEWS’ secure, economically sustainable and PROJECT environmentally responsible civil aviation sector. About UNIDROIT Why in News? • It is an independent intergovernmental UK-based broadcasting channel BBC launched the Organisation to study needs and methods for Beyond Fake News project. modernising, harmonising and co-ordinating private and in particular commercial law as More on news between States and groups of States and to • The project aimed at fighting back against formulate uniform law instruments, principles and rules to achieve those objectives. disinformation and fake news with a major focus on global media literacy. 10.7. PATHALGADI MOVEMENT • There is no specific law in India to deal with fake news. Why in news? • Freedom of speech can only be curtailed as per the limited circumstances set out in In recent times, many Adivasi villages in Jharkhand Article 19(2) of the Constitution of India – and have put up giant plaques (Pathalgadi) declaring falsehood isn’t one of those ‘reasonable their gram sabha as the only sovereign authority restrictions.’ and banning ‘outsiders’ from their area. Bodies involved in eliminating fake news More on news • Press Council of India: It is an autonomous, • Pathalgadis proclaim allegiance to the statutory, quasi-judicial body with an aim to Constitution but reject any authority except preserve the freedom of the press and their gram sabhas (village assemblies). improve the standards of press in India. • Pathalgadis have their presence in Jharkhand, • Broadcasting Content Complaint Council Chhattisgarh, Odisha and parts of West (BCCC): an independent self-regulatory body Bengal and Madhya Pradesh. set-up by the Indian Broadcasting Foundation 10.8. UN GLOBAL MEDIA in 2011, in consultation with the Ministry of Information and Broadcasting. COMPACT • Indian Broadcast Foundation (IBF): premium apex organization of television broadcasters. Why in News? • News Broadcasters Association (NBA): Recently more than 30 organizations from across represents the private television news and the world including India's Ministry of current affairs broadcasters in India Information and Broadcasting have come together to form a global media compact. 10.10. WORLD GOVERNMENT More about the compact SUMMIT

• It is an initiative of the United Nations, in • It was held in Dubai, UAE recently. collaboration with the UN Foundation. • It is a global platform dedicated to shaping • It is aimed at advancing awareness regarding the future of governments worldwide. Sustainable Development Goals (SDGs) to be • Each year, the Summit sets the agenda for the achieved by 2030. next generation of governments, focusing on • It seeks to inspire organisations around the how they can harness innovation and world to create content partnerships with the technology to solve universal challenges UN and leverage their resources and creative facing humanity. talent to advance the Goals.

place in the run-up to polls. 10.11. E-GOVERNANCE • The vigilant citizen has to click a INITIATIVES IN NEWS picture or record a video of upto two minutes’ duration of the scene E- Feature of violations of the model code. governance The photo or video is to be initiatives uploaded on the app. National e- • It is an initiative by Ministry of iGOT • It has been launched by the Vidhan Parliamentary Affairs. (Integrated Department of Personnel and Application • It aims to make all the Legislatures Government Training, Ministry of Personnel, of the country paperless by making Online Public Grievances & Pensions the proceedings of the Houses Training (DoPT). digital. Programme) • This online training programme Online • It has been developed by the will be targeted to the Assurances Ministry of Parliamentary Affairs. requirements of officers and Monitoring • During the course of answers to training inputs will be available on System Questions or during debates, site and on flexitime basis. (OAMS) various assurances - in the form of • It would act as a single point of promises, undertakings or other access to the repository of training such forms of expressions - are resources to numerous training given by Ministers on the floor of institutions. the House. PAiSA- Portal • It is a web portal launched by the • Such assurances are given due to for Ministry of Housing. non-availability of information, at Affordable • It has been designed and that point of time, to meet the Credit and developed by Allahabad Bank and queries or points raised by the Interest is expected to be joined by all Members. Subvention states, commercial banks, RRBs • An assurance given to the Access. and Cooperative Banks. Lok/Rajya Sabha is required to be • It acts as a centralized electronic fulfilled within a period of three platform for processing interest months from the date of subvention on bank loans to assurance. An extension must be beneficiaries under Deendayal approved by the Committee on Antyodaya Yojana – National Government Assurances, Lok/Rajya Urban Livelihoods Mission (DAY- Sabha. NULM). • The Ministry of Parliamentary • It will directly link government Affairs is the coordinating agency with the beneficiaries to ensure within the Government for its greater transparency and interaction with the Parliament. efficiency in delivery of services. • One of the specific functions Aapoorti app • It is a part of digitization of Indian assigned to the Ministry under the Railways supply chain network Government of India (Allocation of under its e-procurement system Business) Rules, 1961 is the i.e. IREPS. implementation of assurances • It will provide data and given by Ministers in Parliament. information about e-tendering and • With the inauguration of the e- auctioning activities of Indian OAMS, all assurances being culled railways. out by the Ministry of • It will help to bring ease of doing Parliamentary Affairs through e- business, transparency and Office would be reflected on this efficiency in Indian Railways. system and various Emergency • Recently Union Home Minister Ministries/Departments, Lok Sabha Response launched ERSS. Secretariat and Rajya Sabha Support Secretariat would communicate for • Himachal Pradesh is the first state System all purposes through this system. to launch pan-India single (ERSS) emergency number ‘112’ under cVigil • It is android based mobile ERSS which will connect to Police, application launched by the Fire, Health and other helplines Election Commission of India. through an Emergency Response • It enables citizens to share proof of Centre in the State. malpractices by political parties, • their candidates and activists when Central Government has allocated the Model Code of Conduct is in Rs 321.69 crore under Nirbhaya 43 DELHI | JAIPUR | PUNE | HYDERABAD | AHMEDABAD | LUCKNOW 8468022022

Fund for implementation of ERSS Bengaluru based not for profit project across the country. think tank called Public Affairs • A SHOUT feature has been Centre. introduced in ‘112 India’ mobile app United • The UN releases this Survey every exclusively for women. Nations E- two years and this year’s theme is Tele Law • Tele Law app aims to Mainstream Government 'Gearing E-Government to Initiative and Legal Aid through Common Survey 2018 Support Transformation towards Nyaya Service Centres. sustainable and resilient Bandhu • It will enable the Para Legal societies'. Volunteers of NALSA to perform • It maps how digital technology on field pre – registration of cases and innovations are impacting the with a facility to seek appointment Public Sector and changing from the Panel lawyer on people’s everyday life. preferred date and time, in • The Survey includes the E- coordination with Village Level Government Development Index entrepreneur (VLE) at the CSC. (EGDI) which assesses progress in • Nyaya Bandhu app aims for e-government development at the solidifying the pro bono (providing national level. It is a composite legal services without charge) index based on three indices: culture in the country. o One-third is derived from a o It provides a platform to Telecommunications connect the registered Infrastructure Index (TII) eligible beneficiaries with the based on data provided by the practicing advocates who are International willing to volunteer their time Telecommunications Union and money in providing their (ITU). services as a pro bono. o One-third from a Human • Both initiatives are in pursuance of Capital Index (HCI) based on Constitutional commitment under data provided by the UNESCO. Article 39A o One-third from the Online Service Index (OSI) based on 10.12. REPORTS AND INDEXES data collected from an independent survey questionnaire. Index and Details • Report The e-participation index (EPI) is derived as a supplementary index Corruption • It is published by Transparency to the UN E-Government Survey Perception International. which focuses on e-information Index • India's has improved from 81st sharing, e-consultation with position (2017) to 78th position respect to policies and services, (2018). engagement in decision-making • The Index ranks countries on a processes. score of 1-100 where zero is • Denmark is the world leader in E- “highly corrupt” and 100 is “very Government index while India is at clean” based on how corrupt their 96th rank. On e-participation public sector is perceived to be. index, India ranks 15th and has • Transparency International is an emerged as sub-region leader. international NGO based in Berlin. The Global • The International Institute for o It also publishes Global State of Democracy and Electoral corruption Barometer. Democracy Assistance (IDEA) released its o Recently LocalCircles in Index report titled “The Global State of collaboration with Democracy Index” (GSoD). Transparency International • The International Institute for India has released the India Democracy and Electoral Corruption Survey, 2018. Assistance (International IDEA) is The Public • It has been released recently in an intergovernmental organization Affairs Index which Kerala has emerged as the that supports sustainable 2018 best-governed state for the third democracy institutions and consecutive year. processes worldwide. o Bihar is the last ranked state • International IDEA is a Permanent (30th). Observer to the United Nations. • It is annually released by a Democracy • It was recently released which 44 8468022022 DELHI | JAIPUR | PUNE | HYDERABAD | AHMEDABAD | LUCKNOW

Index ranked India at 41st position and classified it as ‘flawed democracy’. 10.13. AWARDS • This index is published annually by Awards Details London based newspaper The India Smart Cities • Nine awards in three Economist. Awards 2018 categories, i.e., Project Award, • The Economist Intelligence Unit Innovative Idea Award and also released Inclusive Internet City Award have been Index. announced under the India o India ranked 47th in Inclusive Smart Cities Awards. Internet Index 2019. • India Smart Cities Award were Varieties of • Released by varieties of launched by Ministry of Democracy Democracy Institutes. The reports Housing and Urban Poverty Report for provides the most sweeping global Alleviation with an objective to 2018 examination of democracy. reward cities, projects and • India is indicted as a "backslider" innovative ideas, promoting since the quality of democracy has sustainable development in declined over the past ten years cities. and sharply declined since 2014 • Eligible Participants were • Different Categories for Smart Cities only, where Classification respective ULBs / Smart City o Liberal Democracy: where SPVs were to submit every citizen has equal rights proposals. and access to the law; there's • strong freedom of expression; Innovative Idea Award o good institutional systems to Recognize exceptional innovation across 7 Urban deliver justice, freedom of association, participatory themes- Governance, Built elections, etc. environment, Social o Electoral Democracy: Here Aspects, Culture and citizens have the vote but Economy, Urban certain categories of people Environment, such as women and poor Transportation and suffer exclusion and lower Mobility, Water and Sanitation- contributing to standards apply when it comes to human the successful rights, freedom of transformation of cities o Bhopal and Ahmedabad expression and association, etc. India qualifies as an was selected for Electoral Democracy. ‘Innovative Idea’ Award in o Electoral Autocracy: where 2018. citizens have the vote but not • Project Award much else. Repression, o Given to individual censorship and Completed projects (as on st institutionalised intimidation 1 April 2018). are visible in such places. • City Award o Closed Autocracy: In a closed o Proposals submitted for autocracy is totally free of ‘Project Award’ and being answerable to its ‘Innovative Idea Award’ people, and their rule is and project carried out with fear and implementation intimidation. considered for evaluation. World • The Report is published by the o Surat Smart City was Trends in UNESCO on the occasion of World selected for this award in Freedom of Press Freedom Day (3 May). 2018. Expression • Press freedom is examined here in Magsaysay • Two Indian nationals, Bharat and Media four of its key dimensions: (i) Awards Vatwani and Sonam Developmen media freedom, (ii) media Wangchuk were given the t Global pluralism, (iii) media Ramon Magsaysay award. Report independence and (iv) safety of • Established in 1957, the Ramon 2017/2018 journalists. Magsaysay Award is Asia’s highest honor. • It celebrates the memory and

leadership example of the ISSA Good • The Employees’ State Insurance third Philippine president, Practice Corporation (ESIC) has been Ramon Magsaysay. Award, 2018 awarded with ‘ISSA Good Practice • Bharat Vatwani has dedicated Award, 2018’ at “Regional Social his life for rescuing mentally ill Security Forum for Asia and the people from the streets of Pacific” held recently. India and treatment through • International Social Security his Shraddha Rehabilitaion Association (ISSA) is international Foundation. organization for social security • Sonam Wangchuk has been institutions, government recognised for improving the departments and agencies. It was life opportunities of Ladakhi founded under the auspices of youth. International Labour Organisation. Commonwealth • It is given by CAPAM, a non- About ESIC Association for profit association located • It is a statutory, autonomous Public across the Commonwealth. corporation under ministry of Administration o Department of Labour and Employment and Administrative Reforms Established in 1948. Management and Public Grievances • It implements medical and cash (CAPAM) (DARPG), Ministry of benefits to employee of organised Awards Personnel, Public sector against the events of Grievances and Pensions sickness, maternity, disablement is an institutional member and death due to employment of CAPAM. injury. • In Innovation Incubation • Applicable to all the States except category, the award is given Manipur, Sikkim, Arunachal to Unnayan Banka (BIHAR) Pradesh and Mizoram. which aims to provide “Quality • Mandatory for non-seasonal Education for all”. factories employing 10 or more • In Innovation in Public Service persons and establishments Management category, employing 20 or more persons in Unified Agriculture Markets certain states. (Karnataka) was given the • Social security coverage over award. Shops, hotels, restaurants, cinemas including preview theatres, road-motor transport undertakings and newspaper and

Private Medical and Educational institutions

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